Mendon City Zoning Code
ARTICLE VIII
Site Plan Regulations
§ 260-59 Authority.
The Planning Board is hereby empowered to grant site plan approval in accordance with the provisions of § 274-a of the New York State Town Law. The Town Board hereby further empowers the Planning Board to, when reasonable, waive any requirement for the approval, approval with modifications or disapproval of site plans submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in this article, may be exercised in the event that any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan. Those identified applications requiring site plan approval as a prerequisite and all special use permits (which require site plan approval) shall be regulated as set forth in this article. The application procedures for special use permits are contained in Article VII of this chapter.
§ 260-60 Considerations for preliminary site plan approval.
A.
The Planning Board's review and approval of a preliminary site plan shall include, as appropriate, but is not limited to, the following:
(1)
General considerations.
(a)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(b)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
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.
(h)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(i)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(j)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(k)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(l)
Impact of the site plan on any scenic vistas.
B.
In its review, the Planning Board may consult with the Town Engineer, the emergency service, County Planning and Development Department and other Town and county officials, as well as with representatives of federal and state agencies.
[Amended 10-15-2018 by L.L. No. 3-2018]
C.
The Planning Board may require that the exterior design of all structures be made by or under the direction of a registered architect, whose seal shall be affixed to the plans, and to submit landscape plans made by or under the direction of a registered landscape architect, together with an estimate of the cost of installing the same.
D.
Public hearing. When the Planning Board decides to conduct a public hearing on a preliminary site plan, said public hearing shall be conducted within 62 days of the receipt of the complete application for preliminary site plan approval and shall be advertised in the official newspaper of the Town at least five days before the public hearing. The Planning Board, by resolution, can waive the right to public hearing on final plans if changes are not substantial.
[Amended 10-15-2018 by L.L. No. 3-2018]
§ 260-61 Action on preliminary site plan.
A.
Within 62 days of the Planning Board's publication of a complete application for preliminary site plan approval, the Planning Board shall act on it. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, disapproved, approved with modifications or approved by default when not reaching a timely decision within the time period specified.
[Amended 10-15-2018 by L.L. No. 3-2018; 6-12-2023 by L.L. No. 3-2023]
B.
The Planning Board's statement may include recommendations or modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
C.
If the preliminary site plan identifies the need for dimensional variances, then the Planning Board shall notify the Zoning Board of Appeals and the applicant of what variance(s) the Board believes would be appropriate based on its review of the preliminary site plan. The Planning Board's report shall be considered by the Zoning Board of Appeals in its deliberation on any variance request(s).
D.
No modifications of existing stream channels, filling of lands, grading or removal of vegetation in areas with a moderate to high susceptibility to erosion or excavation for construction of site improvements shall begin until the applicant has received final site plan approval. Failure to comply shall be construed as a violation of this chapter, and where necessary, final site plan approval may require the modification, restoration or removal of unapproved site changes.
§ 260-62 Application for final detailed site plan approval.
A.
After receiving conditional approval from the Planning Board on a preliminary site plan, the applicant may prepare his final detailed site plan and submit it to the Planning Board for approval, except that if more than six months have elapsed between the time of the Planning Board's report on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
B.
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site approval. It should incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
C.
The following additional information shall accompany an application for final site plan approval when appropriate:
(1)
Detailed sizing and final material specification of all required improvements.
(2)
An estimated project construction schedule.
(3)
A detailed plan identifying all lands, easements and rights-of-way which shall be commonly owned, with the identification of the association responsible for said ownership, the method of managing commonly owned properties and requiring that the officers of said association shall be identified to the CEO, in writing, on an annual basis.
(4)
Information specifying the materials to be used and information as to the character of the exterior design.
§ 260-63 Action on final detailed site plan application.
A.
Within 45 days of the receipt of a complete application for final site plan approval, the Planning Board shall render a decision to the applicant and the CEO.
B.
Upon approval by all involved agencies, an application for the site plan approval by the Planning Board shall direct the Planning Board Chairman to endorse its approval on the original Mylar and one copy of the final site plan. Once signed, the Planning Board shall forward it to the CEO, who shall then issue a building permit to the applicant if the projects conform to all other applicable requirements and permits.
C.
Upon disapproving an application, the Planning Board shall so inform the CEO and the applicant. The CEO shall deny a building permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
§ 260-64 Supplemental site plan regulations.
A.
Expiration of site plan approval. Such site plan approval will automatically terminate one year after the same is granted, unless significant work has been done on the project.
B.
Reimbursable costs. Reasonable costs incurred by the Town for consultation fees or other extraordinary expenses associated with the review of a proposed site plan shall be charged to the applicant in accordance with the fee schedule.
C.
Performance guarantee. No building permit shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee, approved by the Town Board, has been posted for improvements. The sufficiency of such performance guarantee shall be determined by the Town Board after consultation with the CEO, Town Engineer, Planning Board and Town Attorney.
D.
Inspection of improvements and development. The CEO shall be responsible for the overall inspection of site improvements, including coordination with the Town officials and agencies, as appropriate. No certificate of occupancy shall be granted prior to a final inspection and determination of conformity to the site plan and New York State Building Code.
E.
Integration of site plan approval procedure with other Planning Board approvals. Whenever the particular circumstances of a proposed development require compliance with either the special use permit procedure or requirements of Chapter 226, Subdivision of Land, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this article with the procedural and submission requirements for such other compliances. In any case, all state permits and local land use control approvals shall be procured prior to the issuance of a building permit for a development project.
F.
Conflicts. If any conflicts exist between this site development plan review procedure and other land use controls of the Town, this article shall apply.