Marcellus Town City Zoning Code
§ 235-28
Site plan review by Planning Board.
A.
Site plan review and approval. No building or zoning permits shall be issued for any use or structure until a site plan has been reviewed and approved by the Planning Board. Site plan review shall not be required for:
(1)
One- or two-family dwellings and associated accessory structures and uses in the R-1, R-2, R-3, R-4 or Agricultural Zones.
(2)
Uses or structures that require a special permit or a variance from the Zoning Board of Appeals shall be subject to an advisory site plan review prior to any decision by the Zoning Board of Appeals. The advisory review by the Planning Board shall address the site plan criteria in this § 235-28 and may include issues the Planning Board deems relevant. Where a special permit or variance is required, the Planning Board may only recommend a decision to the Zoning Board of Appeals, but it may offer a list of issues which the Planning Board determines needs further consideration by the Zoning Board of Appeals. The findings, recommendations, or suggestions of the Planning Board shall be presented in writing within 45 days and shall not be binding upon the Zoning Board of Appeals. The review period may be modified upon mutual consent of the above boards.
B.
Sketch plan. A sketch plan conference may be held between the Planning Board and the applicant prior to the submission of a formal site plan. Such conference is to enable the applicant to discuss his proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concepts. The Planning Board will advise the applicant as to potential problems and concerns and generally determine the information required on the site plan. For the plan conference, the applicant should provide the following:
(1)
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation, and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;
(2)
A sketch or map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent features; and
(3)
A topographic or contour map.
C.
Application for site plan approval. An application for site plan approval shall be made in writing to the Chairman of the Planning Board no less than 10 working days before any scheduled or special Planning Board meeting. The applicant shall submit a site plan and supporting data which have been prepared by an architect, landscape architect, engineer or land surveyor and which shall include the following information presented in drawn form from this checklist:
(1)
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;
(2)
North arrow, scale and date;
(3)
Boundaries of the property plotted to scale;
(4)
Existing watercourses;
(5)
Grading and drainage plan, showing existing and proposed contours;
(6)
Location, design and type of construction proposed use and exterior dimensions of all buildings;
(7)
Location, design and type of construction of all parking and truck loading areas, showing access and egress;
(8)
Provisions for pedestrian access;
(9)
Location of outdoor storage, if any;
(10)
Location, design and construction materials of all existing or proposed site improvements including drains, culverts, retaining walls and fences;
(11)
Description of the method of sewage disposal and location, design, and construction materials of such facilities;
(12)
Description of the method of securing public water and locations, design and construction materials of such facilities;
(13)
Location of fire and other emergency zones, including the location of fire hydrants;
(14)
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy;
(15)
Location, size and design and type of construction of all proposed signs;
(16)
Location and proposed development of all buffer areas, including existing vegetative cover;
(17)
Location and design of outdoor lighting facilities;
(18)
Identification of the location and amount of building area proposed for retail sales or similar commercial activity;
(19)
General landscaping plan and planting schedule;
(20)
An estimated project construction schedule;
(21)
Record of application for and approval status of all necessary permits from state and county officials;
(22)
Identification of any state or county permits required for the project's execution;
(23)
Other elements integral to the proposed development as considered necessary by the Planning Board;
(24)
SEQR submission;
(25)
Names of property owners within 500 feet of property;
(26)
Current survey.
D.
Review of site plan. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:
(1)
Location, arrangement, size, design, and general site compatibility of building, lighting and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(8)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(9)
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
E.
Planning Board action on site plan. Within 62 days of the receipt of a complete application for site plan approval, the Planning Board shall render a decision, file said decision with the Town Clerk, and mail such decision to the applicant with a copy to the Codes Enforcement Officer. At the Board's option, such decision may be reached at a public hearing called for the purpose. The time within which a decision must be rendered may be extended by mutual consent of the applicant and Planning Board.
(1)
Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward a copy to the applicant, Code Enforcement Officer, and file same with the Town Clerk.
(2)
Upon disapproval of a site plan, the Planning Board shall so inform the Code Enforcement Officer and he shall deny a permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. Such disapproval shall be filed with the Town Clerk.
F.
Reimbursable costs. All costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall comply with Chapter 105, Article I, Development and Project Fees, of the Town Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Performance guarantee. No certificate of occupancy or compliance shall be issued nor shall occupancy be allowed, until all improvements shown on the site plan are installed or a sufficient performance guarantee provided as determined by the Town Board after consultations with the Planning Board, Code Enforcement Officer, Town Attorney, and other appropriate parties.
H.
Inspection of improvements. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements including coordination with the Planning Board and other officials and agencies, as appropriate.
I.
Integration of procedures. Whenever proposed development requires compliance with other procedures in this chapter or other Town requirements, the Planning Board shall attempt to integrate its site plan review with such other compliance.
J.
Hardship. Where the Planning Board finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of mollifying the intent and purpose of the Official Zoning Map, the Zoning Local Law, the Comprehensive Plan, or these regulations.
K.
Preparation of Stormwater Pollution Prevention Plan (SWPPP). A Stormwater Pollution Prevention Plan (SWPPP) consistent with the requirements of Articles I and II of Chapter 193, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards set forth in Article II of Chapter 193. The approved site plan shall be consistent with the provisions of said Chapter 193.
[Added 1-9-2012 by L.L. No. 3-2012]