Changes the category of use as set forth in the Schedule of Use Regulations (e.g., from a use permitted upon site plan approval to one which requires a special permit).

Generates additional traffic as computed in the latest edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE), or requires additional parking in accordance with this zoning law, as determined by the CEO.

Involves exterior modifications to the structure or disturbance of driveways, parking areas, landscaping or similar exterior site features which were part of a site plan approved by the Planning Board or a plot plan approved by the Zoning Board of Appeals.

Any changes to add or modify buildings or uses that existed prior to the enactment of zoning in December 1969.

No zoning permit shall be issued for any use designated as requiring site plan approval in Article III, Use Regulations, prior to review and approval of a site plan by the Planning Board in accordance with the provisions of this section. Any amendment of an approved site plan must also be reviewed and approved by the Planning Board.

No certificate of occupancy may be issued for any reason for any building or use of land, within the purview of this section, unless the building is constructed or used or the land is developed or used in conformity with an approved site plan or an amendment of any such plan.

That the design of all structures is compatible with that of surrounding structures. 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 B-1, B-2 and SR Districts, the determination of compatibility shall also take into consideration the historic, rural character of the Stone Ridge and High Falls hamlets and consider building size, style, form, roof line, architectural detailing, size and shape of window and door openings in relation to neighboring structures, particularly those 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 § 200-50 and Appendix A, Design Standards and Guidelines for Business Districts,[1] as the basis for its review and determination.

That all proposed traffic accessways 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.

That off-street parking and loading spaces are properly paved and drained, designed to prevent obstruction in public streets, and that the interior circulation system provides safe accessibility to all required off-street parking lots, loading bays and building services.

That all 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 enhances the character of the Town and is in character with that generally prevailing in the neighborhood.

That all outdoor lighting is designed and arranged to preclude the diffusion of glare onto adjoining properties and streets.

That the drainage system and the internal water and sewer systems are of sufficient capacity and that all systems comply with Town, county and state standards.

That site plan and building design accommodate the needs of the handicapped and are in conformance with the state standards for construction concerning the handicapped.

That the site plan and building design maximize the conservation of energy to the extent feasible.

Presubmission. Prior to the submission of a formal site plan, the applicant shall meet in person with the Planning Board and/or its designated representative to discuss the site plan and to determine the specific items and level of detail of the submission requirements necessary for review of the required site plan.

Within six months following the presubmission conference, the site plan and any related information shall be submitted to the Planning Board in as many copies, not to exceed 10, as may be agreed during the presubmission conference. The application shall simultaneously be submitted to the Code Enforcement Officer (CEO), who shall review the application and certify to the Planning Board that the proposed use is permitted in the zoning district, by right or upon issuance of a special permit, and that the site plan complies with the standards set forth in the Density Control Schedule.[2] The CEO may also advise the Board regarding any other matters as he may deem appropriate. The site plan shall be accompanied by a fee in accordance with the schedule of fees of the Town of Marbletown.[3] If not submitted within this six-month period, another presubmission conference may be required by the Planning Board.[4]

Public hearing. The Planning Board may hold a public hearing on any site plan application if it determines that a public hearing would promote the interest of the applicant or the public or would aid the Board in making its determination on the site plan application. Any public hearing held by the Planning Board shall be noticed and conducted in conformity with Paragraphs 7 and 8 of Town Law § 274-a and any other applicable law.

Determination. The Planning Board shall make a determination on any site plan application within 62 days after the last day of any public hearing that is held on the application or, if no public hearing is held, after the date on which the site plan application was received, which period may be extended by mutual consent of the applicant and the Planning Board. The Planning Board's determination shall be (a) approval, (b) approval with modifications, or (c) disapproval. Any approval determination (with or without modifications) may be made subject to any conditions or restrictions which comply with the standards specified in Paragraph 4 of Town Law § 274-a. Subject to the criteria set forth in Paragraph 5 of Town Law § 274-a, the Planning Board is empowered to waive requirements for site plan approval in any determination it may make. Any decision of the Planning Board shall include (a) a recitation of any waiver of requirements granted by the Planning Board, (b) the specific conditions or restrictions imposed by the Planning Board upon which approval of the site plan is contingent and (c) the reasons why the Planning Board granted each such waiver or imposed each such condition or restriction. The Planning Board's failure to make a determination prior to the expiration of the sixty-two-day period, or if said period is extended by mutual consent of the applicant and the Planning Board, prior to the expiration of the last such extension thereof, shall constitute approval of the application.

Filing. The decision of the Planning Board setting forth its determination on a site plan application 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.

Security upon conditional approval. If it is clear at the time of the Planning Board's determination that any condition or restriction imposed by the Planning Board cannot be fulfilled or complied with prior to the issuance of a certificate of occupancy, or if subsequent to such determination and prior to the issuance of a certificate of occupancy it becomes impractical or a hardship for the applicant to fulfill any condition or comply with any restriction prior to the issuance of a certificate of occupancy, then the Planning Board may, in its discretion, after appropriate inquiry to establish an estimate from a competent source of the cost of fulfilling such condition or complying with such restriction subsequent to the issuance of a certificate of occupancy, make the issuance of the certificate of occupancy contingent upon the applicant first providing security which meets the requirements and conditions of Paragraph (c) of Subdivision 9 of § 277 of the Town Law, as same may be amended from time to time, in a specified amount not exceeding 120% of the estimated cost of completion of such condition or compliance with such restriction, to secure the completion of such condition or compliance with such restriction within a period of time to be set by the Planning Board, not exceeding one year. For good cause shown, the Planning Board at any time may extend said period beyond one year, provided the total period does not exceed two years measured from the date of issuance of the security. The amount of such security may be proportionally reduced from time to time upon the approval of the Planning Board as performance thereunder progresses.

Zoning permit, building permit and certificate of occupancy. Upon a determination by the Planning Board of approval or approval with modifications, the Code Enforcement Officer shall be authorized to issue a zoning permit and a building permit for the use of the premises which is the subject of the site plan and the structures thereon, provided all other zoning, building and health requirements for the issuance of such permits have been met. No premises shall be used for the use intended under a new site plan, nor shall any existing use of a premises for which a new site plan has been created be changed to that for which the site plan was intended, until the issuance of a certificate of occupancy for such new or changed use.

Compliance with state law. The Planning Board shall have all additional authority granted by, and shall comply with all applicable provisions of Town Law § 274-a in accepting, processing, reviewing and determining site plan applications pursuant to this section.

Legal data.

Existing features.

Development data.

Additional data which may be required. Where, due to special conditions peculiar to a site or the size, nature or complexity of the proposed use or development of land or buildings, the Planning Board finds that all or portions of the additional data listed below are necessary for proper review of the application, it may require any or all of the data to be included in the required submission.

Stormwater pollution prevention plan. A stormwater pollution prevention plan (“SWPPP”) consistent with the requirements of Chapters 167 and 200 of the Marbletown Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapters 167 and 200 of the Marbletown Code. The approved site plan shall be consistent with the provisions of Chapters 167 and 200 of the Marbletown Code. This requirement cannot be waived by the Planning Board.

An application for site plan review shall be accompanied by a fee as established by the Town Board and amended from time to time.

The applicant shall be responsible for the Town's special consulting costs for engineers, planning consultants, and attorneys retained by the Town, as required by the Planning Board, to process the application. Payment of the costs is to be accomplished by the Planning Board setting up, and the applicant paying into, an escrow account with the Supervisor, and the Town paying the consultants. The escrow amount shall be set by the Planning Board, after solicitation of estimates from the consultants, engineers and attorneys for the Town. No final approval shall be granted until such costs are paid in full by the applicant.