Montgomery Town City Zoning Code

§ 235-16.5

Required site plan procedure and standards.

The following site plan provisions are intended to secure compliance with the requirements and standards set forth in this chapter and with accepted professional design practice for such site improvements as drainage, sidewalks, curbs, parking, landscaping, fences, building construction, utilities, accessways, lighting, driveways and grading. Any change of use of a property or portion thereof also shall require compliance with the provisions of this section, regardless of whether or not the change of use involves the construction of a new structure or the alteration of an existing structure.

Site plan requirements.

Building permit applications for any building or structure or use, other than a one-family or two-family dwelling or their accessory buildings or structures, or for any required site plan approval whether or not such application involves the construction of a building, shall include six copies of a site plan drawn to scale containing the following items:

Property lines and related street, right-of-way and easement lines as determined by a certified survey signed by a licensed surveyor.

Location of existing and/or proposed buildings and structures as prepared by a licensed professional engineer or surveyor.

Layout of existing and proposed off-street parking areas showing the details of aisles, driveways and each parking space as prepared by a licensed professional engineer or surveyor.

Existing topography of the site and immediately adjacent property as revealed by contours or key elevations as may be required by the Town Planning Board, Town Engineer or Building Inspector and any proposed regrading of the site as prepared by a licensed professional engineer or surveyor.

Existing and proposed stormwater facilities, as per § 235-10 (Stormwater Management and Erosion and Sediment Control) of this chapter, as well as sidewalks, curbs, curb cuts and related structures as prepared by a licensed design professional.

Existing and proposed street trees, landscaping and fences as prepared by a landscape architect.

Existing and proposed outdoor lighting and sign location as prepared by a licensed professional engineer.

Site plans shall show existing terrain features and uses including adjacent roadways and property for up to 200 feet in all directions beyond the property boundaries or area to be developed or impacted, or farther as specifically required by the Planning Board.

All applications shall be submitted in such form and with sufficient copies as prescribed by the Building Inspector and shall be accompanied by such fees as determined from time to time by resolution of the Town Board per the fee schedule existing at the time of application as determined by the Town Board.

In situations where the site plan application and building permit involve the proposed addition to an existing, lawful structure of not more than 25% of the square footage of the existing structure and the proposed addition does not exceed 2,000 square feet in total area, the Building Inspector for good cause may waive the requirements that the site plan contain certifications from a licensed professional engineer and professional landscape architect.

Additional requirements for improvements shown on the site plan shall be those set forth in this chapter and in other ordinances, rules and regulations, or in construction specifications of the Town of Montgomery.

Site plan lighting requirements for commercial areas. The purpose of this section is to avoid light pollution that would cause glare, up-cast lighting or sky glow creating hazardous driving or walking conditions, to avoid nuisance light spillover or glare affecting nearby properties or traffic and to distribute light levels more uniformly across a site. Accordingly, the following requirements shall be met:

Site lighting shall be required for all nonresidential parking lots and pedestrian walkways where site hours of operation will extend past the hours of darkness in any season of the year. For parking lots not requiring lighting at this time, underground conduit and cable (properly sized for anticipated lighting load) shall be installed between the building and perimeter of the parking lot. The location, conduit size, number and size of conductors shall be noted on the site plan. For residential plans requiring site plan approval and involving the need for parking lots for more than two cars, site lighting shall also be required unless specifically waived by the Planning Board.

Where site lighting is proposed or required, a lighting plan will be submitted. Copies of candlepower tabulations and catalog cut sheets for all exterior lighting fixtures shall be provided with the site lighting plan. In addition, fixture location and a lighting point-by-point footcandle plot shall be overlaid on the separate lighting plan. Low-wattage, shielded, decorative luminaires may be utilized in addition to the main lighting source.

All exterior luminaires shall be pulse-start metal halide or light-emitting diode (LED) full cutoff type units with a flat glass lens attached to a pole or building on a fixed arm with the flat glass lens oriented parallel to the ground or such improved equipment and technologies as may be available in the future to further reduce the adverse impacts of unnecessary and excessive glare as determined by the Planning Board.

For gas station canopy lighting (for illumination of gas pumps) or other canopy lighting, all fixtures shall be fully recessed within the canopy and have a flat glass lens.

Parking lot, walkway and other commercial site lighting areas shall maintain an average illumination level of 0.75 footcandle to five footcandles at the ground. Minimum footcandle levels shall exceed 0.1 footcandle. These lighting levels shall only be exceeded in locations where otherwise required specifically by New York State law. In no case shall the illumination source be visible across property lines.

Parking lot light fixtures shall not exceed 35 feet in height or the height of the building to which they are accessory, if applicable, whichever is lower. Pedestrian area fixtures shall not exceed 18 feet in height.

Where a site is part of a business park, industrial park or residential site plan, the architectural style of site luminaires shall be consistent with the site architecture and at the discretion of the Planning Board. Shoebox-style luminaires are preferred throughout the Town, but it is recognized that owners may prefer to choose historic-type luminaires in order to complement the architectural style of the site. However, the Planning Board shall not approve a fixture or luminaire of any kind that does not direct the light downward.

The Planning Board shall have the option of approving site lighting that is not required to be installed as a condition of site plan approval but may be installed at the option of the landowner. However, all site lighting, whether required or optional, shall comply with the requirements of this § 235-16.5.

The Planning Board may require site lighting levels to be reduced on all or part of the site at different times of the day, either after a facility is closed, or for twenty-four-hour-a-day operations, during periods of reduced usage. Such requirement shall be established as part of the review process.

Sign lighting. Translucent interior-lighted signs shall be of low brightness design. The light-emitting source details shall be reviewed and approved by the Planning Board.

Horizontal plastic interior-lighted bands on canopies, buildings and similar structural applications shall be of low brightness design. The light-emitting source details shall be reviewed and approved by the Planning Board.

Site plan access and parking requirement.

To avoid a proliferation of curb cuts onto existing arterial/collector roads, to protect traffic safety and operating levels of service on existing and proposed arterial/collector roads and to promote a coordinated mixed-use/commercial layout, the Town Planning Board hereby is authorized to require that an applicant fully investigate and report to the Planning Board the feasibility of coordinated site access and coordinated or common parking areas for lands within the immediate area of the subject parcel.

Coordinated site access may be required. An applicant for site plan approval may be required by the Planning Board to provide coordinated site access, which may include a new private, commercial access drive to be constructed and maintained by one or more of the area property owners. Any such common access shall be of such width and shall be constructed to specifications all as deemed acceptable to the Planning Board based upon the present and projected future use of said accessway. No such common driveway shall be located within 300 feet of the intersection of two or more public streets or public highways unless an existing lot line is located within or less than 300 feet of an intersection which precludes such a 300-foot separation from being achieved. The Planning Board shall not require coordinated site access unless the Planning Board is satisfied that there exists an equitable allocation of the construction and future maintenance costs in proportion to the current and future use of the common accessway. A recorded common driveway easement and maintenance agreement may be a condition of final site plan approval.

Coordinated or common parking may be required. An applicant for site plan approval may be required by the Planning Board to provide interconnection and cross-easements providing internal connections and/or coordinating parking areas with adjoining parcels. The Planning Board shall not require such interconnection or coordination where it deems this to be impractical due to the type(s) of uses or to site-specific conditions, in the sole discretion of the Planning Board. Where interconnection or coordination is required, the Planning Board may require the installation and long-term maintenance of traffic control devices such as signs, textured pavement, speed humps or any other features or combination of features that it deems necessary in order to manage traffic flows between accessways connecting parking areas.

The Planning Board is hereby granted authority under Town Law § 274-a(5), to waive any of the provisions of § 235-12 of this chapter in that area of a site where common lot lines exist in order to provide for a common parking plan. The Planning Board shall not require common parking areas unless the Planning Board is satisfied that there exists an equitable allocation of the construction and future maintenance costs in proportion to the current and future use for parking.

The Planning Board is granted authority to reduce parking requirements under § 235-12.8C.

Site layout: setbacks from arterial/collector road; outside storage; parking; landscaping requirements.

Front yard setbacks shall be required both from the arterial/collector road and from any private commercial access drive which connects adjacent properties. In order to promote an attractive appearance from the public arterial/collector road, no parking or accessory structure shall be located within the required front yard setback from the public arterial/collector road. Parking shall be allowed in the front yard if it is behind the required setback and is screened as approved by the Planning Board. Stormwater management basin(s) within the required front yard setback from the public arterial/collector road shall be designed and landscaped to resemble a naturally occurring landscaped feature and shall not inhibit screening in this area.

Parking shall be located at the side or rear yards of the private commercial access drive. All parking and circulation areas shall be shown on the plan. Truck parking and circulation shall take place only in areas designated on the approved site plan and shall be sited and screened as needed in order to avoid hazardous circulation, adverse visual impacts, noise or vibration to adjacent uses and to avoid adverse visual impacts to any public roadway. Overnight or longer-term parking of cars, trucks, trailers or the like shall be prohibited unless where specifically approved by the Planning Board as part of the site use.

Outside storage. No outside use, storage, display or placement of vehicles, items and/or materials ("storage area") shall be permitted except as specifically shown on an approved site plan and as expressly permitted by the Planning Board. The Planning Board may also impose specific limitations relating to such storage. Any storage area shall be laid out to avoid or limit its visibility from adjoining properties and public roadways, to maintain a neat and orderly appearance, to avoid any potential hazard or nuisance and to prevent unintended movement of materials off the site. Retained vegetation, berming, screen plantings and/or other screening or containment measures may be required by the Planning Board. The Planning Board may also restrict the area, height and location of such storage area subject to § 235-11.9C. Trailer and truck bodies, with or without a chassis, or any mobile storage container, shall not be parked in a storage area on site for any reason unless approved on the plans by the Planning Board. Snow dump or snow storage areas shall be required to be designated on the plans by the Planning Board.

Landscaping shall be provided as follows. Native plant species are preferred and shall be required except where a specific waiver is granted by the Planning Board for site-specific habitat or other reasons.

Where buffer landscaping is provided in accordance with § 235-11.9 (Performance buffering), that landscaping shall meet the applicable requirements as otherwise listed in this section with regard to nativity, species, size, quality, habits of growth, and sight distance considerations.

[Amended 11-3-2022 by L.L. No. 13-2022]

Off-street parking areas for automobile/passenger vehicles/pickup trucks serving any use requiring site plan approval shall be landscaped, and in addition to the perimeter landscape requirements at least 10% of the inside areas of the parking lots with more than 50% spaces shall be landscaped with trees, lawn and low planting species and walkways. Parking lot landscaping shall be distributed within the parking lot so as to avoid large unbroken areas of pavement. For the purpose of this section, the 10% calculation only includes the parking spaces and drive area between the spaces.

Additional landscaping shall be provided adjacent to the structure, for site plans involving structural uses, with at least 10% of the ground floor area of the building being established in trees and shrubs. For any building footprint in excess of 50,000 square feet, the Planning Board shall adjust the location of landscaping needed on the site.

Landscape material being planted shall conform with procurement, transport and installation guidelines established by the American Nurseryman's Association standards. Plant material shall be vigorous and shall be free of defects, disfigurements, decay, infestation or injury. Trees shall be no smaller than 2 1/2-inch caliper. Acceptable planting methods and standards and requirements for pruning, staking, mulching and protection shall be established by a licensed landscape architect and incorporated in the site plan. A landscape bond will be needed from the applicant and held in escrow by the Town Board to ensure completion of the landscaping on site. The landscaping on site should retain existing natural features and vegetation. New landscaping will blend into the surrounding landscape, utilizing indigenous materials and species of the area. Landscape plantings are an integral part of the approved plan and shall be maintained for the life of the use. All screening features and landscaping plantings provided pursuant to this section shall be required to be maintained for the life of the use and shall be replaced and/or restored as necessary in order to maintain their effectiveness. Any losses due to storm damage, disease or other factors shall be replaced in kind within a period of not more than six months, and this requirement shall be a condition of all commercial site plan approvals and all related certificates of occupancy. In the event that in-kind replacement is deemed to be impracticable, the user shall return to the Planning Board in order to modify the approved landscape/screening component of the plan accordingly.

The Planning Board shall determine that no sight distance obstructions to driveways or public and private roads are created as a result of a site-landscaping plan. Both the mature height, the branching pattern and the placement of the plan shall be considered in evaluating the site landscape plan. Although all landscape material shall be properly maintained throughout the life of the site, landscape plans shall avoid reliance purely on maintenance to avoid creating sight distance obstructions. Instead, landscape plans shall include a careful and appropriate choice of plantings for this purpose.

Plantings must be installed so that when of mature height they do not reach any overhead wires on site.

Street trees recommended for use on site plans are red oak, red maple, thornless honey locust, little leaf linden, London plane and aristocrat pear and other types of trees that may be recommended for the particular project under review. All street trees shall be a minimum of 2 1/2-inch to three-inch caliper as measured at a point six inches above ground level when planted. Hedge maples or similar low-growing tree varieties shall be located in areas where utility lines already exist or are proposed. Provisions must be made by the applicant or the successor owner to ensure that such street trees and other landscaping survive or are replaced during the early years of the life of the trees, and the Planning Board is authorized to condition such site plan approval accordingly.

Signage requirements. The Planning Board hereby is granted the authority under Town Law § 274-a(5) to waive any of the provisions of § 235-13 of this chapter (Sign Regulations) to provide for a balanced and, in appropriate cases, common signage plan. In this regard, the Planning Board may require that signage be freestanding and/or wall-mounted and of such dimensions and in such color and with such lighting as the Planning Board, in its discretion, believes appropriate for the project under review. Both residential development and commercial development shall include the street addresses on the outside of the structure. Commercial developments must also have the street address on the sign and mailbox, in letters ranging from eight inches to 12 inches, and residents must have the street addresses on a mailbox or clearly labeled in the front of the driveway in reflective letters. In no case, however, shall a waiver be granted for signage exceeding the maximum height requirements as set forth in § 235-13 or for signage of such size so as to constitute a billboard which is prohibited under § 235-9.1B. This allows for the sign to be closer to the street, which can be aesthetically desirable.

Architectural design. Design review is required for all new nonagricultural commercial construction as well as for additions and exterior building modifications to existing commercial structures which would change the size of the building or the roof, siding, trim or window color and/or material. Exact replacement of materials that already received architectural design review pursuant to this section shall not require further review or approval. For the purposes of this § 235-16.5, any residential structure in excess of two dwelling units shall be considered a commercial use.

The Planning Board may utilize consultants and such other resources as may be available to provide review and advice as it deems necessary, and in accordance with chapter. The Planning Board shall require architectural elevations for all building faces and may require additional renderings in order to evaluate the appearance of the completed structure. The Board may review building material samples for construction materials at its discretion. All Planning Board approvals shall specify the style, material and color approved for all architectural reviews as an integral part of the action.

All building designs and signage shall respect the local and regional architectural identity as depicted in the Historic Inventory Survey of the Town of Montgomery, which may be adopted and amended from time to time by the Town of Montgomery Town Board, used in conjunction with other resources, and also avoid generic franchise design, layout and finishes. All sides of a building shall be given comparable level of finish, trim and architectural ornamentation. Planning Board review of building design and layout, color, material, window choice and alignment shall take adjoining buildings into consideration and shall avoid creating disparate lines and elements.

Large windowless expanses on building elevations are strongly discouraged and shall only be approved upon a specific finding of appropriateness by the Planning Board. Such a finding shall consider the potential visual impacts of the design on all surrounding properties and public roadways, including undeveloped sites. Mitigation measures may be required to the building exterior in order to provide visual relief.

New buildings within, nearby or deemed a part of existing agricultural settings are encouraged to be designed to resemble converted barns and farm compounds, in order to blend harmoniously with the surrounding agricultural uses.

Flat roofs should be avoided. In all cases where the size of the building renders a pitched roof impractical, the Planning Board may require mitigating measures in order to reduce the visual mass of the building and avoid a monotonous appearance.

Review resources.

The Planning Board and the applicant shall review the following publications, as applicable, to assist in the site plan review process:

Town of Montgomery Nonresidential Design Guidelines, Attachment 6.

Other guidelines as may from time to time be made part of Attachment 6.

The Planning Board shall have the authority to require that the design of a commercial project be consistent with any section or sections of the above-listed resources. Copies of each of these guidelines are contained in Attachment 6 to this chapter and hereby are adopted as the official guidelines for the Town of Montgomery.

Utilities in commercial and industrial districts.

The Planning Board shall require that utility systems serving new commercial uses be placed underground. The Planning Board may require that site plans provide for future extensions of natural gas, electric, cable and other utility lines so as to avoid or minimize disruption to existing and future uses and sites.

Utility transmission poles and towers may be located within 100 feet of a street or private road supporting lines that run perpendicular to the traveled way or driveway right-of-way. The right-of-way as viewed from the road shall be screened with foliage along the road to disguise the view of the towers from the road. Such foliage shall be maintained and replaced as needed.

Utility Transmission lines running parallel to Routes 17K, 208, 747, 416 and CR 99 as well as Route I-84 shall be located at least 600 feet from the edge of the right-of-way of the specified roads.

Utility distribution systems serving new projects and developments in the commercial, residential and industrial districts for which site plan approval is applicable may be required to be placed underground or located along the rear of lots with cables to buildings placed underground. On all projects the applicant/developer will work with the Town and utility companies to coordinate services so as to maximize the appearance of the area while serving the needs of future uses.

Site plan standards applicable to all land within 250 feet of a state and county highway and Stone Castle Road.

NOTE: The purpose of this section is to apply the former Gateway Regulations relative to the appearance of new lots and commercial uses to land along all state and county roads and specified Town arterial and collector roads.

All lots in all nonresidential zones shall have a minimum lot width of 400 feet for the lots with frontage, along the classification of roads cited above. This lot width requirement shall not apply to i) existing lots legally of record as of the date of this chapter or ii) lots having direct access to a signalized intersection or iii) lots which provide a common access drive and a curb cut with an adjacent lot. When creating new lots under iii), the Planning Board may limit new curb cuts to one common curb cut with an adjacent lot and may require access between parking areas reasonable for future use to adjacent lots where physically feasible during the subdivision and/or site plan approval process. Any existing lots of record of less than 400 feet shall be considered by the Planning Board for common curb cuts for access and for access between parking areas reasonable for future use to adjacent lots where physically feasible during the site plan approval process.

New private and public roads serving interior properties and entering the roads cited above may be required to have a width of up to 100 feet for a distance of 200 feet in order for such streets entering state or county highways to have ample turning and stacking room and area for traffic signals. Curb radii on both new roads and driveways entering the roads cited above shall be 34 feet to provide for truck movements as needed.

Front yards along the roads cited above which contain parking areas shall meet the requirements of § 235-11.9 (Performance buffering) in a manner which obscures significant view of the parking areas, as determined by the Planning Board.

[Amended 11-3-2022 by L.L. No. 13-2022]

Driveway or property curb cuts for properties along the roads cited above shall be separated (as measured between center lines) by at least 200 feet, where possible, from the center lines of other intersecting roads with state and county roads and 100 feet from adjacent driveways.

See § 235-9.2 relative to prohibited and restricted uses along state highways.

Vendor vehicles, trucks, trailers or other wheeled vehicles from which food or merchandise is sold shall not be allowed to be parked along public roads as cited above or in required front yards except in parking lots of other nonrelated commercial or nonresidential uses for sales to occupants of said commercial uses. This section shall not apply to farm stands.

Off-premises signs which must be located within a right-of-way for visibility purposes must be approved by both the controlling municipality and other jurisdictional agencies involved subsequent to review and recommendation by the Planning Board. Clustered and architecturally integrated off-premises signs may be installed under this provision. All on-premises signs are to be located in the front yard or side yard facing a street and shall be shown on the site plan approved by the Planning Board. The Planning Board is authorized to modify the sign regulations contained in § 235-13 of this chapter to reduce the permitted size and locations of all signage, including freestanding and wall-mounted signs, to achieve the purposes of the Gateway Overlay District without unreasonably restricting the economic viability of the particular use under consideration. For certain types of uses, including, without limitation, industrial parks, directory signs listing the primary users and fulfilling certain standardized design, color, size and locational criteria established by the Planning Board shall be authorized along the main access roads to the same as part of the site plan application for each such use.

Certification required. Every commercial site plan approved in the Town of Montgomery must bear the signature of the Planning Board Chairman or his or her designee. No building permit shall be issued in the absence of such signed plan. No certificate of occupancy shall be issued unless and until the applicant's licensed professional has certified, in writing, to the Town of Montgomery Building Department and to the Town of Montgomery Planning Board that the project has been constructed in conformance with the approved site plan, landscaping and lighting and that all improvements specified on the site plan have been constructed and that specified landscape plant species and specified light fixture catalog numbers have been installed. In the event that landscaping cannot and should not be installed due to the time of year, the Building Department, in its sole discretion, will issue such certificate of occupancy subject to and conditioned upon the installation of the complete landscaping plan not later than June 1 of the following year. All site plans must contain as a note the preceding two sentences.

Jurisdiction and procedure. As set forth below, the Planning Board shall have exclusive site plan review and decisionmaking jurisdiction for all uses of land and/or improvements other than one single-family or one two-family dwelling unit with accessory buildings or structures. Without limiting the foregoing, the Planning Board shall retain site plan jurisdiction for all future site plan amendments, including a proposed change of use regardless of whether or not a building permit otherwise is required.

Procedure for all site plans. For all land uses other than one- and two-family dwellings, the Planning Board, upon receipt of the complete application and fee, shall refer the completed site plan application to the Planning Board Engineer, to the Planner for the Town, to the local Fire District, to the applicable public highway regulatory agency and, if required, to the Orange County Department of Planning, as well as to any other agency or entity which is or may be interested in the subject of the application, in the judgment of the Planning Board, unless such additional referral is required by law or regulation in which case the Planning Board must so refer the application. The Planning Board shall have the option of requiring that a public hearing be held on each site plan application. If a public hearing is to be held, the hearing must be published at least five days prior to the hearing in the official newspaper of the Town and the Planning Board may also require notification as required under § 235-15.2B(2), (3) and (4). In addition, the Planning Board must render a decision approving, or approving with modifications or disapproving such application within 62 days after the closure of the public hearing. In cases where no public hearing is required, the Planning Board must render its approval, approval with modifications or disapproval within 62 days of the Planning Board's receipt of a completed application and application fee. The time periods set forth above regarding decisionmaking may be extended upon the mutual consent of the Planning Board and the applicant. In rendering its decision, the Planning Board may impose reasonable conditions and restrictions as are directly related to and incidental to such proposed site plan. All Planning Board decisions under this section shall be exclusive and binding on the Building Inspector.

Town Law § 274-a. Nothing herein contained in this § 235-16.5D is intended to supersede the express provisions of Town Law § 274-a regarding site plan review.

In the case of special permit use or variance applications, the site plan shall be the subject of a preliminary review in accordance with the above procedure, before action is taken by the Planning Board or Zoning Board of Appeals. The Planning Board shall have the authority to require that both a special permit use permit application and a related site plan approval application be reviewed simultaneously.

Building permits for permitted uses, special permit uses or variances shall be in accordance with the conditions established by the Planning Board or Zoning Board of Appeals.

When an applicant for such a building permit or special exception use or site plan approval questions the interpretation of the site plan requirements, he may appeal the decision to the Building Inspector/Code Official for his ruling. If the applicant desires to appeal the ruling of the Building Inspector/Code Official he or she may appeal the same to the Zoning Board of Appeals per the procedure set forth in Town Law § 267-a.

Montgomery Town City Zoning Code

§ 235-16.5

Required site plan procedure and standards.

The following site plan provisions are intended to secure compliance with the requirements and standards set forth in this chapter and with accepted professional design practice for such site improvements as drainage, sidewalks, curbs, parking, landscaping, fences, building construction, utilities, accessways, lighting, driveways and grading. Any change of use of a property or portion thereof also shall require compliance with the provisions of this section, regardless of whether or not the change of use involves the construction of a new structure or the alteration of an existing structure.

Site plan requirements.

Building permit applications for any building or structure or use, other than a one-family or two-family dwelling or their accessory buildings or structures, or for any required site plan approval whether or not such application involves the construction of a building, shall include six copies of a site plan drawn to scale containing the following items:

Property lines and related street, right-of-way and easement lines as determined by a certified survey signed by a licensed surveyor.

Location of existing and/or proposed buildings and structures as prepared by a licensed professional engineer or surveyor.

Layout of existing and proposed off-street parking areas showing the details of aisles, driveways and each parking space as prepared by a licensed professional engineer or surveyor.

Existing topography of the site and immediately adjacent property as revealed by contours or key elevations as may be required by the Town Planning Board, Town Engineer or Building Inspector and any proposed regrading of the site as prepared by a licensed professional engineer or surveyor.

Existing and proposed stormwater facilities, as per § 235-10 (Stormwater Management and Erosion and Sediment Control) of this chapter, as well as sidewalks, curbs, curb cuts and related structures as prepared by a licensed design professional.

Existing and proposed street trees, landscaping and fences as prepared by a landscape architect.

Existing and proposed outdoor lighting and sign location as prepared by a licensed professional engineer.

Site plans shall show existing terrain features and uses including adjacent roadways and property for up to 200 feet in all directions beyond the property boundaries or area to be developed or impacted, or farther as specifically required by the Planning Board.

All applications shall be submitted in such form and with sufficient copies as prescribed by the Building Inspector and shall be accompanied by such fees as determined from time to time by resolution of the Town Board per the fee schedule existing at the time of application as determined by the Town Board.

In situations where the site plan application and building permit involve the proposed addition to an existing, lawful structure of not more than 25% of the square footage of the existing structure and the proposed addition does not exceed 2,000 square feet in total area, the Building Inspector for good cause may waive the requirements that the site plan contain certifications from a licensed professional engineer and professional landscape architect.

Additional requirements for improvements shown on the site plan shall be those set forth in this chapter and in other ordinances, rules and regulations, or in construction specifications of the Town of Montgomery.

Site plan lighting requirements for commercial areas. The purpose of this section is to avoid light pollution that would cause glare, up-cast lighting or sky glow creating hazardous driving or walking conditions, to avoid nuisance light spillover or glare affecting nearby properties or traffic and to distribute light levels more uniformly across a site. Accordingly, the following requirements shall be met:

Site lighting shall be required for all nonresidential parking lots and pedestrian walkways where site hours of operation will extend past the hours of darkness in any season of the year. For parking lots not requiring lighting at this time, underground conduit and cable (properly sized for anticipated lighting load) shall be installed between the building and perimeter of the parking lot. The location, conduit size, number and size of conductors shall be noted on the site plan. For residential plans requiring site plan approval and involving the need for parking lots for more than two cars, site lighting shall also be required unless specifically waived by the Planning Board.

Where site lighting is proposed or required, a lighting plan will be submitted. Copies of candlepower tabulations and catalog cut sheets for all exterior lighting fixtures shall be provided with the site lighting plan. In addition, fixture location and a lighting point-by-point footcandle plot shall be overlaid on the separate lighting plan. Low-wattage, shielded, decorative luminaires may be utilized in addition to the main lighting source.

All exterior luminaires shall be pulse-start metal halide or light-emitting diode (LED) full cutoff type units with a flat glass lens attached to a pole or building on a fixed arm with the flat glass lens oriented parallel to the ground or such improved equipment and technologies as may be available in the future to further reduce the adverse impacts of unnecessary and excessive glare as determined by the Planning Board.

For gas station canopy lighting (for illumination of gas pumps) or other canopy lighting, all fixtures shall be fully recessed within the canopy and have a flat glass lens.

Parking lot, walkway and other commercial site lighting areas shall maintain an average illumination level of 0.75 footcandle to five footcandles at the ground. Minimum footcandle levels shall exceed 0.1 footcandle. These lighting levels shall only be exceeded in locations where otherwise required specifically by New York State law. In no case shall the illumination source be visible across property lines.

Parking lot light fixtures shall not exceed 35 feet in height or the height of the building to which they are accessory, if applicable, whichever is lower. Pedestrian area fixtures shall not exceed 18 feet in height.

Where a site is part of a business park, industrial park or residential site plan, the architectural style of site luminaires shall be consistent with the site architecture and at the discretion of the Planning Board. Shoebox-style luminaires are preferred throughout the Town, but it is recognized that owners may prefer to choose historic-type luminaires in order to complement the architectural style of the site. However, the Planning Board shall not approve a fixture or luminaire of any kind that does not direct the light downward.

The Planning Board shall have the option of approving site lighting that is not required to be installed as a condition of site plan approval but may be installed at the option of the landowner. However, all site lighting, whether required or optional, shall comply with the requirements of this § 235-16.5.

The Planning Board may require site lighting levels to be reduced on all or part of the site at different times of the day, either after a facility is closed, or for twenty-four-hour-a-day operations, during periods of reduced usage. Such requirement shall be established as part of the review process.

Sign lighting. Translucent interior-lighted signs shall be of low brightness design. The light-emitting source details shall be reviewed and approved by the Planning Board.

Horizontal plastic interior-lighted bands on canopies, buildings and similar structural applications shall be of low brightness design. The light-emitting source details shall be reviewed and approved by the Planning Board.

Site plan access and parking requirement.

To avoid a proliferation of curb cuts onto existing arterial/collector roads, to protect traffic safety and operating levels of service on existing and proposed arterial/collector roads and to promote a coordinated mixed-use/commercial layout, the Town Planning Board hereby is authorized to require that an applicant fully investigate and report to the Planning Board the feasibility of coordinated site access and coordinated or common parking areas for lands within the immediate area of the subject parcel.

Coordinated site access may be required. An applicant for site plan approval may be required by the Planning Board to provide coordinated site access, which may include a new private, commercial access drive to be constructed and maintained by one or more of the area property owners. Any such common access shall be of such width and shall be constructed to specifications all as deemed acceptable to the Planning Board based upon the present and projected future use of said accessway. No such common driveway shall be located within 300 feet of the intersection of two or more public streets or public highways unless an existing lot line is located within or less than 300 feet of an intersection which precludes such a 300-foot separation from being achieved. The Planning Board shall not require coordinated site access unless the Planning Board is satisfied that there exists an equitable allocation of the construction and future maintenance costs in proportion to the current and future use of the common accessway. A recorded common driveway easement and maintenance agreement may be a condition of final site plan approval.

Coordinated or common parking may be required. An applicant for site plan approval may be required by the Planning Board to provide interconnection and cross-easements providing internal connections and/or coordinating parking areas with adjoining parcels. The Planning Board shall not require such interconnection or coordination where it deems this to be impractical due to the type(s) of uses or to site-specific conditions, in the sole discretion of the Planning Board. Where interconnection or coordination is required, the Planning Board may require the installation and long-term maintenance of traffic control devices such as signs, textured pavement, speed humps or any other features or combination of features that it deems necessary in order to manage traffic flows between accessways connecting parking areas.

The Planning Board is hereby granted authority under Town Law § 274-a(5), to waive any of the provisions of § 235-12 of this chapter in that area of a site where common lot lines exist in order to provide for a common parking plan. The Planning Board shall not require common parking areas unless the Planning Board is satisfied that there exists an equitable allocation of the construction and future maintenance costs in proportion to the current and future use for parking.

The Planning Board is granted authority to reduce parking requirements under § 235-12.8C.

Site layout: setbacks from arterial/collector road; outside storage; parking; landscaping requirements.

Front yard setbacks shall be required both from the arterial/collector road and from any private commercial access drive which connects adjacent properties. In order to promote an attractive appearance from the public arterial/collector road, no parking or accessory structure shall be located within the required front yard setback from the public arterial/collector road. Parking shall be allowed in the front yard if it is behind the required setback and is screened as approved by the Planning Board. Stormwater management basin(s) within the required front yard setback from the public arterial/collector road shall be designed and landscaped to resemble a naturally occurring landscaped feature and shall not inhibit screening in this area.

Parking shall be located at the side or rear yards of the private commercial access drive. All parking and circulation areas shall be shown on the plan. Truck parking and circulation shall take place only in areas designated on the approved site plan and shall be sited and screened as needed in order to avoid hazardous circulation, adverse visual impacts, noise or vibration to adjacent uses and to avoid adverse visual impacts to any public roadway. Overnight or longer-term parking of cars, trucks, trailers or the like shall be prohibited unless where specifically approved by the Planning Board as part of the site use.

Outside storage. No outside use, storage, display or placement of vehicles, items and/or materials ("storage area") shall be permitted except as specifically shown on an approved site plan and as expressly permitted by the Planning Board. The Planning Board may also impose specific limitations relating to such storage. Any storage area shall be laid out to avoid or limit its visibility from adjoining properties and public roadways, to maintain a neat and orderly appearance, to avoid any potential hazard or nuisance and to prevent unintended movement of materials off the site. Retained vegetation, berming, screen plantings and/or other screening or containment measures may be required by the Planning Board. The Planning Board may also restrict the area, height and location of such storage area subject to § 235-11.9C. Trailer and truck bodies, with or without a chassis, or any mobile storage container, shall not be parked in a storage area on site for any reason unless approved on the plans by the Planning Board. Snow dump or snow storage areas shall be required to be designated on the plans by the Planning Board.

Landscaping shall be provided as follows. Native plant species are preferred and shall be required except where a specific waiver is granted by the Planning Board for site-specific habitat or other reasons.

Where buffer landscaping is provided in accordance with § 235-11.9 (Performance buffering), that landscaping shall meet the applicable requirements as otherwise listed in this section with regard to nativity, species, size, quality, habits of growth, and sight distance considerations.

[Amended 11-3-2022 by L.L. No. 13-2022]

Off-street parking areas for automobile/passenger vehicles/pickup trucks serving any use requiring site plan approval shall be landscaped, and in addition to the perimeter landscape requirements at least 10% of the inside areas of the parking lots with more than 50% spaces shall be landscaped with trees, lawn and low planting species and walkways. Parking lot landscaping shall be distributed within the parking lot so as to avoid large unbroken areas of pavement. For the purpose of this section, the 10% calculation only includes the parking spaces and drive area between the spaces.

Additional landscaping shall be provided adjacent to the structure, for site plans involving structural uses, with at least 10% of the ground floor area of the building being established in trees and shrubs. For any building footprint in excess of 50,000 square feet, the Planning Board shall adjust the location of landscaping needed on the site.

Landscape material being planted shall conform with procurement, transport and installation guidelines established by the American Nurseryman's Association standards. Plant material shall be vigorous and shall be free of defects, disfigurements, decay, infestation or injury. Trees shall be no smaller than 2 1/2-inch caliper. Acceptable planting methods and standards and requirements for pruning, staking, mulching and protection shall be established by a licensed landscape architect and incorporated in the site plan. A landscape bond will be needed from the applicant and held in escrow by the Town Board to ensure completion of the landscaping on site. The landscaping on site should retain existing natural features and vegetation. New landscaping will blend into the surrounding landscape, utilizing indigenous materials and species of the area. Landscape plantings are an integral part of the approved plan and shall be maintained for the life of the use. All screening features and landscaping plantings provided pursuant to this section shall be required to be maintained for the life of the use and shall be replaced and/or restored as necessary in order to maintain their effectiveness. Any losses due to storm damage, disease or other factors shall be replaced in kind within a period of not more than six months, and this requirement shall be a condition of all commercial site plan approvals and all related certificates of occupancy. In the event that in-kind replacement is deemed to be impracticable, the user shall return to the Planning Board in order to modify the approved landscape/screening component of the plan accordingly.

The Planning Board shall determine that no sight distance obstructions to driveways or public and private roads are created as a result of a site-landscaping plan. Both the mature height, the branching pattern and the placement of the plan shall be considered in evaluating the site landscape plan. Although all landscape material shall be properly maintained throughout the life of the site, landscape plans shall avoid reliance purely on maintenance to avoid creating sight distance obstructions. Instead, landscape plans shall include a careful and appropriate choice of plantings for this purpose.

Plantings must be installed so that when of mature height they do not reach any overhead wires on site.

Street trees recommended for use on site plans are red oak, red maple, thornless honey locust, little leaf linden, London plane and aristocrat pear and other types of trees that may be recommended for the particular project under review. All street trees shall be a minimum of 2 1/2-inch to three-inch caliper as measured at a point six inches above ground level when planted. Hedge maples or similar low-growing tree varieties shall be located in areas where utility lines already exist or are proposed. Provisions must be made by the applicant or the successor owner to ensure that such street trees and other landscaping survive or are replaced during the early years of the life of the trees, and the Planning Board is authorized to condition such site plan approval accordingly.

Signage requirements. The Planning Board hereby is granted the authority under Town Law § 274-a(5) to waive any of the provisions of § 235-13 of this chapter (Sign Regulations) to provide for a balanced and, in appropriate cases, common signage plan. In this regard, the Planning Board may require that signage be freestanding and/or wall-mounted and of such dimensions and in such color and with such lighting as the Planning Board, in its discretion, believes appropriate for the project under review. Both residential development and commercial development shall include the street addresses on the outside of the structure. Commercial developments must also have the street address on the sign and mailbox, in letters ranging from eight inches to 12 inches, and residents must have the street addresses on a mailbox or clearly labeled in the front of the driveway in reflective letters. In no case, however, shall a waiver be granted for signage exceeding the maximum height requirements as set forth in § 235-13 or for signage of such size so as to constitute a billboard which is prohibited under § 235-9.1B. This allows for the sign to be closer to the street, which can be aesthetically desirable.

Architectural design. Design review is required for all new nonagricultural commercial construction as well as for additions and exterior building modifications to existing commercial structures which would change the size of the building or the roof, siding, trim or window color and/or material. Exact replacement of materials that already received architectural design review pursuant to this section shall not require further review or approval. For the purposes of this § 235-16.5, any residential structure in excess of two dwelling units shall be considered a commercial use.

The Planning Board may utilize consultants and such other resources as may be available to provide review and advice as it deems necessary, and in accordance with chapter. The Planning Board shall require architectural elevations for all building faces and may require additional renderings in order to evaluate the appearance of the completed structure. The Board may review building material samples for construction materials at its discretion. All Planning Board approvals shall specify the style, material and color approved for all architectural reviews as an integral part of the action.

All building designs and signage shall respect the local and regional architectural identity as depicted in the Historic Inventory Survey of the Town of Montgomery, which may be adopted and amended from time to time by the Town of Montgomery Town Board, used in conjunction with other resources, and also avoid generic franchise design, layout and finishes. All sides of a building shall be given comparable level of finish, trim and architectural ornamentation. Planning Board review of building design and layout, color, material, window choice and alignment shall take adjoining buildings into consideration and shall avoid creating disparate lines and elements.

Large windowless expanses on building elevations are strongly discouraged and shall only be approved upon a specific finding of appropriateness by the Planning Board. Such a finding shall consider the potential visual impacts of the design on all surrounding properties and public roadways, including undeveloped sites. Mitigation measures may be required to the building exterior in order to provide visual relief.

New buildings within, nearby or deemed a part of existing agricultural settings are encouraged to be designed to resemble converted barns and farm compounds, in order to blend harmoniously with the surrounding agricultural uses.

Flat roofs should be avoided. In all cases where the size of the building renders a pitched roof impractical, the Planning Board may require mitigating measures in order to reduce the visual mass of the building and avoid a monotonous appearance.

Review resources.

The Planning Board and the applicant shall review the following publications, as applicable, to assist in the site plan review process:

Town of Montgomery Nonresidential Design Guidelines, Attachment 6.

Other guidelines as may from time to time be made part of Attachment 6.

The Planning Board shall have the authority to require that the design of a commercial project be consistent with any section or sections of the above-listed resources. Copies of each of these guidelines are contained in Attachment 6 to this chapter and hereby are adopted as the official guidelines for the Town of Montgomery.

Utilities in commercial and industrial districts.

The Planning Board shall require that utility systems serving new commercial uses be placed underground. The Planning Board may require that site plans provide for future extensions of natural gas, electric, cable and other utility lines so as to avoid or minimize disruption to existing and future uses and sites.

Utility transmission poles and towers may be located within 100 feet of a street or private road supporting lines that run perpendicular to the traveled way or driveway right-of-way. The right-of-way as viewed from the road shall be screened with foliage along the road to disguise the view of the towers from the road. Such foliage shall be maintained and replaced as needed.

Utility Transmission lines running parallel to Routes 17K, 208, 747, 416 and CR 99 as well as Route I-84 shall be located at least 600 feet from the edge of the right-of-way of the specified roads.

Utility distribution systems serving new projects and developments in the commercial, residential and industrial districts for which site plan approval is applicable may be required to be placed underground or located along the rear of lots with cables to buildings placed underground. On all projects the applicant/developer will work with the Town and utility companies to coordinate services so as to maximize the appearance of the area while serving the needs of future uses.

Site plan standards applicable to all land within 250 feet of a state and county highway and Stone Castle Road.

NOTE: The purpose of this section is to apply the former Gateway Regulations relative to the appearance of new lots and commercial uses to land along all state and county roads and specified Town arterial and collector roads.

All lots in all nonresidential zones shall have a minimum lot width of 400 feet for the lots with frontage, along the classification of roads cited above. This lot width requirement shall not apply to i) existing lots legally of record as of the date of this chapter or ii) lots having direct access to a signalized intersection or iii) lots which provide a common access drive and a curb cut with an adjacent lot. When creating new lots under iii), the Planning Board may limit new curb cuts to one common curb cut with an adjacent lot and may require access between parking areas reasonable for future use to adjacent lots where physically feasible during the subdivision and/or site plan approval process. Any existing lots of record of less than 400 feet shall be considered by the Planning Board for common curb cuts for access and for access between parking areas reasonable for future use to adjacent lots where physically feasible during the site plan approval process.

New private and public roads serving interior properties and entering the roads cited above may be required to have a width of up to 100 feet for a distance of 200 feet in order for such streets entering state or county highways to have ample turning and stacking room and area for traffic signals. Curb radii on both new roads and driveways entering the roads cited above shall be 34 feet to provide for truck movements as needed.

Front yards along the roads cited above which contain parking areas shall meet the requirements of § 235-11.9 (Performance buffering) in a manner which obscures significant view of the parking areas, as determined by the Planning Board.

[Amended 11-3-2022 by L.L. No. 13-2022]

Driveway or property curb cuts for properties along the roads cited above shall be separated (as measured between center lines) by at least 200 feet, where possible, from the center lines of other intersecting roads with state and county roads and 100 feet from adjacent driveways.

See § 235-9.2 relative to prohibited and restricted uses along state highways.

Vendor vehicles, trucks, trailers or other wheeled vehicles from which food or merchandise is sold shall not be allowed to be parked along public roads as cited above or in required front yards except in parking lots of other nonrelated commercial or nonresidential uses for sales to occupants of said commercial uses. This section shall not apply to farm stands.

Off-premises signs which must be located within a right-of-way for visibility purposes must be approved by both the controlling municipality and other jurisdictional agencies involved subsequent to review and recommendation by the Planning Board. Clustered and architecturally integrated off-premises signs may be installed under this provision. All on-premises signs are to be located in the front yard or side yard facing a street and shall be shown on the site plan approved by the Planning Board. The Planning Board is authorized to modify the sign regulations contained in § 235-13 of this chapter to reduce the permitted size and locations of all signage, including freestanding and wall-mounted signs, to achieve the purposes of the Gateway Overlay District without unreasonably restricting the economic viability of the particular use under consideration. For certain types of uses, including, without limitation, industrial parks, directory signs listing the primary users and fulfilling certain standardized design, color, size and locational criteria established by the Planning Board shall be authorized along the main access roads to the same as part of the site plan application for each such use.

Certification required. Every commercial site plan approved in the Town of Montgomery must bear the signature of the Planning Board Chairman or his or her designee. No building permit shall be issued in the absence of such signed plan. No certificate of occupancy shall be issued unless and until the applicant's licensed professional has certified, in writing, to the Town of Montgomery Building Department and to the Town of Montgomery Planning Board that the project has been constructed in conformance with the approved site plan, landscaping and lighting and that all improvements specified on the site plan have been constructed and that specified landscape plant species and specified light fixture catalog numbers have been installed. In the event that landscaping cannot and should not be installed due to the time of year, the Building Department, in its sole discretion, will issue such certificate of occupancy subject to and conditioned upon the installation of the complete landscaping plan not later than June 1 of the following year. All site plans must contain as a note the preceding two sentences.

Jurisdiction and procedure. As set forth below, the Planning Board shall have exclusive site plan review and decisionmaking jurisdiction for all uses of land and/or improvements other than one single-family or one two-family dwelling unit with accessory buildings or structures. Without limiting the foregoing, the Planning Board shall retain site plan jurisdiction for all future site plan amendments, including a proposed change of use regardless of whether or not a building permit otherwise is required.

Procedure for all site plans. For all land uses other than one- and two-family dwellings, the Planning Board, upon receipt of the complete application and fee, shall refer the completed site plan application to the Planning Board Engineer, to the Planner for the Town, to the local Fire District, to the applicable public highway regulatory agency and, if required, to the Orange County Department of Planning, as well as to any other agency or entity which is or may be interested in the subject of the application, in the judgment of the Planning Board, unless such additional referral is required by law or regulation in which case the Planning Board must so refer the application. The Planning Board shall have the option of requiring that a public hearing be held on each site plan application. If a public hearing is to be held, the hearing must be published at least five days prior to the hearing in the official newspaper of the Town and the Planning Board may also require notification as required under § 235-15.2B(2), (3) and (4). In addition, the Planning Board must render a decision approving, or approving with modifications or disapproving such application within 62 days after the closure of the public hearing. In cases where no public hearing is required, the Planning Board must render its approval, approval with modifications or disapproval within 62 days of the Planning Board's receipt of a completed application and application fee. The time periods set forth above regarding decisionmaking may be extended upon the mutual consent of the Planning Board and the applicant. In rendering its decision, the Planning Board may impose reasonable conditions and restrictions as are directly related to and incidental to such proposed site plan. All Planning Board decisions under this section shall be exclusive and binding on the Building Inspector.

Town Law § 274-a. Nothing herein contained in this § 235-16.5D is intended to supersede the express provisions of Town Law § 274-a regarding site plan review.

In the case of special permit use or variance applications, the site plan shall be the subject of a preliminary review in accordance with the above procedure, before action is taken by the Planning Board or Zoning Board of Appeals. The Planning Board shall have the authority to require that both a special permit use permit application and a related site plan approval application be reviewed simultaneously.

Building permits for permitted uses, special permit uses or variances shall be in accordance with the conditions established by the Planning Board or Zoning Board of Appeals.

When an applicant for such a building permit or special exception use or site plan approval questions the interpretation of the site plan requirements, he may appeal the decision to the Building Inspector/Code Official for his ruling. If the applicant desires to appeal the ruling of the Building Inspector/Code Official he or she may appeal the same to the Zoning Board of Appeals per the procedure set forth in Town Law § 267-a.