Moreau City Zoning Code
ARTICLE VI
Site Plan Review
§ 149-35 General provisions.
A.
The Planning Board is hereby authorized to review, approve, approve with modification or disapprove all site plans as required by Article IV if this chapter.
B.
The purposes of such site plan review and approval procedures are to:
(1)
Ensure adequate adherence and conformance to the various provisions of this chapter.
(2)
Ensure that uses of land so affected by these provisions meet designs, functions and criteria established by this chapter that will result in development that will protect the health, safety and general welfare of town residents and are consistent with the Subdivision Regulations of the town.[1]
C.
An application for site plan review shall be filed with the Building Department upon a form prescribed by the Planning Board. The requisite number of copies of the application to be filed shall be established by the Building Department.
[Added 4-7-1998 by L.L. No. 4-1998]
D.
Fees.
[Added 2-10-2004 by L.L. No. 2-2004]
(1)
The application for site plan approval shall be accompanied by a fee listed on the current Schedule of Fees for the Town of Moreau posted in the office of the Town Clerk.
(2)
In addition to the fee listed on the Schedule of Fees, the Planning Board may charge a fee to applicants/developers of projects requiring legal and technical review, provided that the fee charged reflects the actual cost of the legal and technical assistance to the Planning Board.
§ 149-36 Applicability.
[Amended 4-7-1998 by L.L. No. 4-1998]
The provisions of this article shall apply to all uses involving the use of land or construction of buildings in the C-1, CC-1 and C-2 Districts as well as all Town-owned property within that portion of the R-2 District south of Nolan Road, west to the Hudson River, south to Butler Road and to the east boundary of the R-2 District and to all uses in the M-1 and M-2 Districts and to all multifamily uses in the UR District and to the review of site plans for PUD'S.
§ 149-37 Contents of preliminary site plan application.
A.
The Planning Board may require the submittal of the following information to assist in its review:
(1)
Maps.
(a)
Map of the applicant's entire lot, plot or parcel of land at the scale of one inch equals 50 feet, unless the Planning Board determines a different scale more appropriate.
(b)
An area map showing all properties, subdivisions, streets, watercourses and easements which pass through the property or are known to abut the applicant's property.
(c)
A topographic map showing contours at five-foot intervals.
(2)
Such maps shall show the following:
(a)
The name and address of the applicant, vendee, contract vendee or owner and title of drawing.
(b)
North symbol, date and scale.
(c)
The name, address, title and license number of the person or firm responsible for the preparation of the map.
(d)
The entire parcel of property plotted to scale.
(e)
Watercourses, if any, and direction of drainage flow.
(f)
Location of planned use or uses; height, length and width of building or buildings; yard requirements; parking areas and interior road plan.
(g)
Location of existing or proposed site improvements; the accurate placement of all drains, culverts, walls, fences, water and utilities; location and means of sewage disposal; location and size of proposed signs; placement of proposed lighting facilities; the area proposed for various uses for which building is planned; existing areas of vegetation and trees, including general description.
(h)
An overlay showing areas of probable flooding, ponding or erosion or slopes in excess of 10%.
(3)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SPPP) consistent with the requirements of Chapter 120 of the Code of the Town of Moreau shall be required for site plan approval. The SPPP shall meet the performance and design criteria and standards in Chapter 120. The approved site plan shall be consistent with the provisions of Chapter 120.
[Added 2-26-2008 by L.L. 1-2008]
B.
Action required upon receipt of application. Upon receipt of the application and related documents, the Planning Board will notify the applicant, in writing, of the place, date and time of the meeting at which the application is to be considered and will request that the applicant or his representative be present to discuss said application.
§ 149-38 Criteria for review.
A.
The Planning Board shall review, but such review is not limited to, the following:
(1)
Full compliance of the site plan with the regulations and provisions of this chapter, the plan of vehicular and pedestrian traffic flow and the impact of traffic generated on adjacent properties and roads.
(2)
Arrangement proposed for the parking of vehicles, including loading areas.
(3)
Location, arrangement, size, area, percent of coverage of parcel or lot, permeable areas, lighting and signs.
(4)
Proposed landscaping, noise-deterring buffer zones, screening or buffer zones and open space for recreation or other purposes.
(5)
Adequate provisions and means for complete disposal of stormwater, sanitary wastes, water supply for fire protection and consumption, solid waste disposal and snow removal.
(6)
Impact and effect created by flooding, ponding or erosion as it applies to structures, roads, landscaping and any other improvements included in the site parcel.
(7)
All conditions to which adjacent properties might be subjected, such as but not limited to noise, glare, lights and odors.
(8)
Retention of existing trees to as great a degree as is possible.
(9)
Suitability of soils to support the proposed use.
(10)
Other items as may be deemed appropriate by the Planning Board.
B.
The Planning Board is authorized to consult with appropriate town, county, state and federal personnel in connection with this article, including legal and technical professionals retained pursuant to § 149-35D(2). Unless written direction from the department head stating otherwise, any proposed development planning connections to, or dedication of, water, sewer and/or roadways shall receive a technical review by the engineer for the Town. Projects without planned connections to water and/or sewer are subject to a complete technical review by professional engineer or licensed landscape architect.
[Amended 6-14-2022 by L.L. No. 3-2022]
§ 149-39 Modifications regarding required information.
A.
The Planning Board may require, in addition to the matters contained in Article VI, § 149-38, additional provisions, conditions and information that, in its opinion, will permit better understanding of the site plan proposal and will protect the health, safety, welfare and morals of the residents of the town.
B.
The Planning Board may allow the applicant to submit only those factors which it deems necessary for the review and approval of a specific and particular application.
§ 149-40 Action and report on preliminary site plan.
B.
The Planning Board shall fix a time within 31 days from the date of application for site plan approval for a public hearing on the site plan, if such a hearing is deemed necessary by the Planning Board. In determining whether a public hearing is necessary, the Planning Board shall be guided by the expected level of public interest in the project, its degree of complexity and the likelihood of its having adverse impacts.
C.
The report of the Planning Board on the preliminary site plan shall be submitted, in writing, to the applicant and the Building Inspector and/or Code Enforcement Officer. Submission shall be within 45 days of the close of the public hearing or within 60 days of the receipt of a complete application if no public hearing is scheduled. Failure to act on the preliminary site plan within the prescribed time period shall constitute approval of the site plan.
§ 149-41 Contents of report.
B.
If the Planning Board determines that the foregoing, namely Subsection A(1), (2) and (3), have been adequately fulfilled, [including any legal and technical review required pursuant to § 149-38], then it shall grant the applicant final approval, endorse its approval on the preliminary site plan and authorize its Chairman to affix his signature to the endorsement. Said site plan, together with supporting facts for the approval action, shall be forwarded to the Building Inspector and/or Code Enforcement Officer.
[Amended 6-14-2022 by L.L. No. 3-2022]
C.
If the Planning Board determines that one or more of the statements set forth in Subsection A have not been fulfilled and that revisions, additions, changes or alterations are required, it may grant the applicant conditional approval. Said site plan, together with a written statement setting forth the basis and reasons for the conditional approval, shall be forwarded to the Building Inspector and/or Code Enforcement Officer. A site plan receiving conditional approval shall always require the submission of a final site plan application, accompanied by the final site plan and related documents.
D.
If the preliminary site plan is disapproved, the Planning Board's report shall contain the reasons for such disapproval. The Board may recommend further study of the plan and resubmission following revision or redesign.
§ 149-42 Submission of final site plan.
A.
The applicant, having prepared a detailed final site plan in accordance with requirements established by the Planning Board and as set forth in Article VI, § 149-41, may forward or deliver it to the Building Inspector and/or Code Enforcement Officer for submission to the Planning Board for approval. If more than six months have elapsed since the time of the Planning Board's report on the preliminary site plan, or if the Planning Board finds that conditions have changed significantly in the interim period, the Planning Board will require resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
[Amended 6-14-2022 by L.L. No. 3-2022]
B.
The final site plan shall conform to the preliminary site plan as approved and shall incorporate any changes or revisions required by the Planning Board. Complete compliance is the responsibility of the applicant.
C.
The applicant shall provide a full set of technically complete plans and specifications suitable for final site plan review.
[Added 6-14-2022 by L.L. No. 3-2022]
§ 149-43 Action and report on final site plan.
A.
After receipt of the final site plan and application for approval, the Planning Board shall render its report on said final site plan, in writing, to the applicant and Building Inspector and/or Code Enforcement Officer. The report on the final site plan shall be within 45 days of receipt of the final site plan and any related documents. An additional forty-five-day period for review may be allowed upon written notice to the applicant and Building Inspector and/or Code Enforcement Officer stating the reasons for such delay. Failure to act on the final site plan within the prescribed time period shall constitute approval.
B.
If the Planning Board determines that the requirements established have received complete compliance by the applicant and that Article VI, § 149-41A(1), (2) and (3), have been fulfilled in every respect, including any legal and technical approval required pursuant to 149-38, it shall grant the applicant approval, endorse its approval on the final site plan and authorize its Chairman to affix his signature to the endorsement. Said final site plan, together with supporting facts for the approval action, shall be forwarded to the Building Inspector and/or Code Enforcement Officer.
[Amended 6-14-2022 by L.L. No. 3-2022]
C.
If the Planning Board disapproves the application, it shall submit to the applicant and the Building Inspector and/or Code Enforcement Officer a report, in writing, stating the reason(s) for such disapproval.
§ 149-43.1 Parks, open spaces and natural features; land dedication/recreation fees.
[Added 12-26-2006 by L.L. No. 3-2006]
A.
Purpose. The purpose of this section is to establish and provide for an equitable and effective development standard for securing adequate land and funding for parks, playgrounds and open space recreation areas in the Town of Moreau.
B.
Recreation fees.
(1)
The Planning Board shall require, as condition of approval of a final site plan that includes dwelling units, the payment of recreation fees for each dwelling unit in such amount to be set by the Town Board. The recreation fees per dwelling unit are established and amended by resolution of the Town Board. Such fees shall be paid to the Town at the time of final site plan approval, and no such final site plan shall be approved by the authorized officer of the Planning Board until such payment is made. Such payments shall be held by the Town of Moreau in a special fund for acquisition and development of recreation land. All money in this fund is to be used only for:
(a)
The purchase of land that is suitable for new or enlarged parks, playgrounds or open spaces and located so as to serve the inhabitants of the Town's residential neighborhoods.
(b)
The improvement of new or existing park, playground and open space lands which serve the Town's residential neighborhoods.
(2)
In any case, the Planning Board shall be satisfied that required recreation land will be maintained and will not be used for other than recreation purposes.
C.
Land dedication in lieu of fees.
(1)
In cases where the Town Board finds that due to the size, shape or location of the final site plan, land dedication for a park, playground or other recreational purpose is preferable to the payment of a recreation fee, the Town Board may waive the fee and require as a condition of approval the dedication of land for recreational purposes.
(2)
The owner/developer shall then file with the Town Board a plan detailing the sites for the development of a park, playground or other recreational facility. Recreation space shall be provided by the owner/developer on the basis of at least 1,000 square feet per dwelling unit, but in no case shall the amount be more than 10% of the total area of the final site plan. Such area or areas may be dedicated to the Town by the owner/developer if the Town Board approves such dedication. All lands designated on the final site plan as park, playground or other recreation areas not in Town ownership shall be subject to such conditions as the Planning Board may establish, such as hours of operation, access to the general public, use and maintenance of such lands as deemed necessary to assure the preservation of such land for its intended purpose. Such conditions shall be shown on the final site plan prior to approval and filing. The Planning Board shall consider the following in determining the suitability of the served land for recreational purposes:
D.
Nothing in this section will be construed as prohibiting an owner/developer from reserving land for recreation purposes in addition to the requirements of this section.
E.
The Planning Board shall not at any time authorize the waiver of both the fee and land dedication in lieu thereof requirements.
§ 149-44 Waiver of requirements.
The Planning Board may waive any of the requirements set forth in this article when, in its opinion, the project for which a building permit has been requested would not require a detailed site approval. Such a project might be in the category of repairs, remodeling, minor additions, accessory buildings, but not necessarily all accessory buildings, and similar constructions.
§ 149-44.1 Final approval expiration.
[Added 6-14-2022 by L.L. No. 3-2022]
A.
Final approval shall expire one year after the date of approval of the site plan if actual construction has not begun. "Actual construction" is hereby defined as the placing of construction materials in their permanent position, fastened in a permanent manner, except that where a basement or cellar is being excavated, such excavation shall be deemed to be actual construction; where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition and removal shall be deemed to be actual construction.
B.
The Planning Board may, in its sole discretion, grant the applicant an extension of time, provided that the following conditions are met: the applicant submits a written request for such extension and submits such other application materials as may be deemed necessary by the Planning Board; any fee required pursuant to the fee schedule adopted by the Town Board has been paid; the plans have been reviewed by the Town and such other agencies as it deems appropriate; and due consideration of the application has been made by the Planning Board. Application materials shall be for the purpose of determining whether any change in the condition of the site or its environs has occurred or whether the applicable law has been changed. Application materials must include copies of the plans and reports previously approved with the initial application and any other materials which the Planning Board deems necessary.
§ 149-44.2 Administration and enforcement.
[Added 6-14-2022 by L.L. No. 3-2022]
The provisions of this article shall be administered and enforced primarily by the Planning Board and department heads, which shall have the power to review the application materials for completeness, request additional documentation that may be required for Board review, and to make inspections necessary.