New Hartford Town City Zoning Code
ARTICLE X
Site Plan Review
§ 118-89 Purpose and initial review.
Site plan review applies to those uses listed as requiring site plan review in the Schedule B: Lot Development Standards, included as an attachment to this chapter. The purpose of the site plan review process is to ensure the orderly and safe arrangement, layout and design of a proposed project. Prior to the commencement of the site plan review process, the Code Enforcement Officer shall decide if the proposed site plan application is in conformance with the zoning requirements of the district(s) in which the property is located. The Code Enforcement Officer shall then refer the site plan to the Town Planner and Planning Board for its review and approval in accordance with § 274-a of the Town Law and the standards and procedures set forth in this article.
§ 118-90 Applicability.
All land use activities which meet one or more of the criteria below shall, prior to the issuance of a building permit, receive site plan approval from the Planning Board, pursuant to the procedures and standards of this article of this chapter.
All uses requiring site plan review listed in the Schedule A,[1] except for the following uses and activities, which shall be exempt from site plan review:
Customary accessory uses.
A change of use that shall not result in a new or expanded structure.
An alteration to the exterior of the principal structure that shall not be a major alteration of appearance.
A surface parking increase of 25% or up to four additional spaces, whichever is greater; except that the addition of 10 or more spaces or changes to ingress or egress shall always require site plan review.
Ordinary landscaping or grading that is not conducted in connection with land use reviewable under the provisions of this chapter.
Ordinary repair or maintenance or interior alterations to existing structures or uses.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
All land use activities proposed within the boundaries of any Natural Resource Overlay District, described in Article VI of this chapter, and shown on the Town of New Hartford Zoning Map.[2]
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
All alterations to traffic circulation within a site and impacting ingress and egress to the site.
Site plan approval shall also be required for any development which is the functional equivalent of a land subdivision but which is structured for ownership purposes as a condominium project. In such cases, the Planning Board shall apply all relevant review criteria contained in Chapter 104, Subdivision of Land, as well as the provisions of this article.
§ 118-91 Sketch plan.
Prior to submission of a preliminary application for site plan review, the applicant is encouraged to meet in person with the Town Planner and/or Code Enforcement Officer to discuss the project. Members of the Planning Board may attend the sketch plan conference. Such discussion may consider the primary aspects of the project and application requirements in order to assist the applicant in preparing a formal site plan. The applicant is encouraged to submit a sketch plan to the Town Planning Board Secretary which has sufficient data regarding the proposed development to clearly illustrate the intention of the applicant. The sketch plan should consist of a map showing the important existing natural and man-made features on and adjacent to the site and the major features of the proposed development.
The Town Planner, after review of the sketch plan and discussion with the applicant, shall make a recommendation to proceed with modifications to the preliminary site plan review with the Planning Board. Such a recommendation may include suggestions for additional information needed in order for the Planning Board to complete the review of the preliminary application.
§ 118-92 Application for preliminary site plan approval.
All applications for preliminary site plan approval shall be made in writing to the Code Enforcement Officer at least 11 working days prior to the next Planning Board meeting and shall be accompanied by five prints of a preliminary site plan. The preliminary site plan shall include information drawn from the following checklist of items, as determined necessary by the Town Planner and/or Code Enforcement Officer at the time of the sketch plan conference, and certified by a licensed engineer, architect, landscape architect and/or land surveyor. Upon receipt of a written request, the Planning Board has the right to waive any of the below application requirements if such requirements are found not to be necessary or appropriate to a particular site plan.
The official review of a site plan application shall commence at the first available regular Planning Board meeting. At this meeting, the Planning Board shall make a preliminary review of the application for the purpose of determining completeness. The application will be recorded as received on the date that the Planning Board determines the application to be complete. Once received, the statutory time frames associated with application review shall begin.
Preliminary site plan checklist:
An instrument stating that the applicant's interest in the land is subject to site plan review.
Title of the drawing, including the name and address of the applicant and person(s) responsible for the preparation of such drawing.
North arrow, scale and date.
Boundaries of the property plotted to scale.
Existing watercourses.
Grading, drainage and stormwater management plan, showing existing and proposed contours at an appropriate interval to be specified at the sketch plan conference, with two-foot contour intervals and soils data from available Natural Resource Conservation Service (NRCS) mapping generally required on that portion of any site proposed for development where general site grades exceed 8% or where there may be susceptibility to erosion, flooding or ponding.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) shall be required for development activities pursuant to Article II of Chapter 101 of the Town Code. The SWPPP shall meet the performance and design criteria and standards in Article III of Chapter 101 of the Town Code.
Location, proposed use and height of all buildings.
Location of all parking and truck-loading areas, with access and egress drives thereto.
Provision for pedestrian access.
Location of outdoor storage equipment and materials, if any.
Location of all existing or proposed site improvements, including, but not limited to, drains, culverts, retaining walls and fences.
Description of the method of sewage disposal and location, and design of such facilities.
Results of soil and percolation tests conducted at the site of proposed sewage disposal facilities.
Description of the method of securing the water supply and location and design of such facilities.
Location of fire and other emergency zones, including the location of the nearest water supply for fire emergencies.
Location of all energy distribution facilities, including electrical, gas and solar energy.
Location, size and design of all proposed signage.
Location and proposed development of all buffer areas.
Location and design, including height and materials, of outdoor lighting facilities, including data regarding, when appropriate, lighting levels, both within the site and at the site's boundaries.
General landscaping plan.
A tabular summary relating the details of the site plan to the requirements of this chapter, including lot area, building area, building coverage, open space area (in square feet and as a percentage of lot area), indication of all front, rear and side yard setbacks to the principal structures and other site elements and compliance with parking requirements.
Other elements integral to the proposed development, as considered necessary by the Planning Board, including the identification of any state or county permits required for the project's execution.
The applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
A completed environmental assessment form (EAF) in compliance with the State Environmental Quality Review Act (SEQRA).
Consultant review. In its review, the Planning Board may consult with local, county, state and federal officials and its designated private consultants.
Public hearing. The Planning Board may conduct a public hearing on the preliminary site plan. If a public hearing is considered desirable by a majority of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of the application by the Planning Board for preliminary site plan approval. The applicant shall, at least 10 days before such hearing, be given notice of the hearing and shall appear in person or by agent. Additionally, notice shall be provided as follows:
The Town shall publish, at least five calendar days prior to the date thereof, a legal notice in the official newspaper of the Town.
The applicant shall provide notice of the public hearing and data regarding the application to the owners of all property abutting that held by the applicant and all other owners within 500 feet of the land involved in such application. Notice shall be provided by certified mail at least five calendar days prior to the hearing, with compliance with this notification procedure certified to by a United States Postal Service receipt. The names of owners notified shall be taken as such appear on the last completed tax roll of the Town.
County Planning Board referral.
If applicable, at least 10 days before such hearing, the Planning Board shall mail notices thereof to the Oneida County Department of Planning in accordance with § 239-m of the General Municipal Law. Such notice shall be accompanied by a full statement of the proposed project. Applicable uses include any site plan within 500 feet of:
The boundary of any city, village or town;
Any existing or proposed county or state park or other recreation area;
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway;
The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines;
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or
If no public hearing is held, the matter shall be referred to the Oneida County Department of Planning before final action is taken thereon.
§ 118-93 Action on preliminary site plan.
Within 62 days of the receipt of an application for preliminary site plan approval, or within 62 days of the conclusion of a public hearing, whichever shall first occur, the Planning Board shall act on the preliminary site plan. If no decision is made within said period, the preliminary site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether the preliminary site plan is approved, disapproved or approved with modifications.
If the Planning Board's statement includes recommendations or modifications to be incorporated in the final site plan, 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.
If the Planning Board determines that sufficient and adequate information has been provided at the conclusion of the preliminary application review, the Planning Board may combine the preliminary and final application approval. A combined approval shall eliminate the need for submission of a final site plan application.
§ 118-94 Procedure for final site plan approval.
After receiving approval from the Planning Board on a preliminary site plan, the applicant shall, at least 10 working days prior to the next Planning Board meeting, submit five prints of a final site plan to the Planning Board for approval. If more than six months have elapsed since the time of the Planning Board's action 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. In this event, a second public hearing may be scheduled.
The final site plan shall conform substantially to the approved preliminary site plan. It should incorporate any revisions or other modifications that may have been recommended by the Planning Board in its preliminary review.
The following additional information shall accompany an application for final site plan approval:
A record of application for and approval status of all necessary permits from federal, state and county officials.
Sizing, design and material specifications of all required improvements, including planting schedules and construction details, as required.
Supporting engineering calculations, as required.
An estimated project construction schedule.
The applicant shall appear in person or by agent at meetings when the project is on the agenda.
§ 118-95 Action on final site plan.
Within 62 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to the Code Enforcement Officer. If no decision is made within such sixty-two-day period, the final site plan shall be considered approved.
Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Code Enforcement Officer. The Code Enforcement Officer may then issue a building permit or certificate of occupancy if the project conforms to all other applicable requirements.
Upon disapproval of a final site plan, the Planning Board shall so inform the applicant and Code Enforcement Officer in writing of its decision and its reasons for disapproval. The Code Enforcement Officer shall deny a building permit or certificate of occupancy or use to the applicant.
Decisions. The decision of the Planning Board shall be filed within five days in the office of the Town Clerk and a copy thereof mailed to the applicant.
The applicant shall appear in person or by agent at meetings when the project is on the agenda.
Upon receipt of final approval, the applicant shall provide one reproducible mylar to the Planning Board Secretary.
§ 118-96 Amendment to final approval.
If, after an applicant receives the Planning Board's final approval on a site plan, the applicant wants to amend said site plan, the applicant shall submit a letter to the Planning Board Secretary describing the nature of the modifications and go before the Planning Board for its review and pay the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
§ 118-97 Reimbursable costs.
Reasonable costs incurred by the Planning Board for private consultation fees or other expenses in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the fees required in § 118-140, Fees.
§ 118-98 Financial guaranties.
Before the Planning Board approves a site plan, the Planning Board may require that the applicant furnish to the Town a financial guaranty for performance of the required approvals. The time allowed for installation of improvements for which the performance guaranty has been provided may be extended by the Planning Board.
Performance bond. Such bond shall be in an amount not to exceed 120% of the cost of installation of improvements. Such bond shall be issued by a financial institution in New York State and shall be satisfactory to the Town Attorney as to form, sufficiency and manner of execution and satisfactory to the Town Board as to surety. The bond shall be released only by resolution of the Town Board when all requirements and completion of improvements have been satisfactorily met by the applicant. The responsibility for determining that improvements have been satisfactorily met shall rest with the Town Engineer, who shall report to the Town Board.
Letter of credit. An irrevocable letter of credit from a bank or other reputable financial institution in New York State may be accepted by the Planning Board in lieu of a performance bond. Such letter of credit shall be satisfactory to the Town Attorney as to form, sufficiency, manner of execution and institution.
Escrow account. The deposit of cash, by the applicant, with the Town or its designated bank is to be held in escrow pursuant to an escrow agreement. The escrow agreement shall be satisfactory to the Town Attorney as to form, sufficiency, manner of execution and financial institution.
§ 118-99 Time limit for commencement of construction.
Upon issuance of a site plan permit, the applicant shall have two years within which to commence the construction of the use. If said period passes without commencement, the site plan permit shall be considered null and void.
§ 118-100 Inspection of improvements.
The Code Enforcement Officer shall give reasonable written notice to the owner(s) of his or her intent to examine or inspect any building or property and shall enter only with permission of the owner. At such time, the Code Enforcement Officer shall have the right to enter upon, examine and inspect, or cause to be entered, examined and inspected, any building or property for the purpose of carrying out his or her duties, and to determine the compliance by request with the provisions of this chapter. If such permission is denied, the Code Enforcement Officer shall contact the Town Attorney to pursue appropriate legal action necessary to gain entry for the purposes of examination and inspection of the building or property in question.
§ 118-101 Integration of other procedures.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this chapter, the requirements of the Town of New Hartford Subdivision Regulations[1] or the requirements of the State Environmental Quality Review Act, the Planning Board may integrate, if it deems appropriate, site plan review as required by this article with the procedural and/or submission requirements for such other compliance. Such integration of procedures may require, upon mutual written consent of the Planning Board and the applicant, reasonable modification of the time schedules otherwise stated in this article.
§ 118-102 General considerations for Planning Board review of site plans.
The Planning Board's review of a site plan shall include, as appropriate, but is not limited to, the following:
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, structures and traffic controls.
Adequacy and arrangement of pedestrian traffic access and circulation, walkways, control of intersections with vehicular traffic and overall pedestrian convenience.
Location, arrangement, appearance and sufficiency of off-street parking and loading.
Location, arrangement, size, design and general site compatibility of principal and accessory buildings, lighting and signage.
Adequacy of stormwater and drainage facilities.
Adequacy of water supply and sewage disposal facilities.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the applicant's land and adjoining lands, including the maximum retention of existing vegetation.
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
Adequacy of fire lanes and other emergency zones and water supply for fire emergencies.
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
Compatibility of building design with existing characteristics of the neighborhood.
§ 118-103 Specific standards for Planning Board review of site plans.
The following standards and considerations shall be utilized by the Planning Board for the review of a site plan, and no application shall be approved or approved with conditions or modifications which does not reasonably comply with these standards. In addition, any applicable standards or requirements of the Town Code shall also apply and be utilized by the Planning Board in its review of a proposed site plan.
Aesthetics.
Site development shall be planned so that it harmonizes with the existing landscape character and blends into the landscape by using existing land forms and vegetation.
Where new construction or substantial rehabilitation is concerned, the needs of the site for plantings, paving, screening and other landscaping amenities shall be considered.
Off-site impacts.
Development shall be planned and undertaken so as to minimize impacts upon adjoining and nearby land uses, to the extent practicable.
Any noise, odor, vibration, dust, gas or emission of any type that is likely to result from the nature of the operation shall not be hazardous or create a nuisance.
Cultural, historical and geological forms. Cultural, natural or geologic features shall be preserved to the extent possible.
Construction activities.
All earthmoving activities shall be planned in such a manner as to minimize the amount of land area disturbed.
Natural features such as topography, waterways and other similar resources should be preserved, and development shall conform substantially with natural boundaries and alignment of watercourses.
Permanent vegetation shall be successfully established, and permanent erosion control structures shall be installed in accordance with the construction schedule approved by the Planning Board. Wherever feasible, indigenous vegetation shall be retained and protected.
Where it is not possible to permanently stabilize a disturbed area immediately after the final earthmoving has been completed or where the activity ceases for more than 30 days, interim stabilization measures shall be implemented promptly, including mulching and planting of vegetation.
Runoff from any slope exposed for longer than 30 days shall be controlled through utilization of mulching, check dam, temporary sediment basins and other generally approved engineering methods.
Topsoil from all areas to be excavated shall be removed and stored. Upon completion of the earth movement, the topsoil shall be respread to provide a suitable base for seeding and planting, except on the immediate building site and the road leading to it.
All fill material shall be of a composition suitable for the ultimate use of the fill, free of rubbish and toxic waste. Fill material shall be compacted sufficiently to prevent problems of erosion.
Drainage.
All development activities requiring site plan review shall meet the stormwater pollution prevention requirements of Chapter 101 of the Code of the Town of New Hartford.
Satisfactory provision shall be made for surface water drainage; existing drainage and runoff patterns shall not be disturbed any more than necessary.
Satisfactory provision shall be made for control of soil erosion and for revegetation of disturbed soil areas.
Postdevlopment runoff rates shall be equivalent to or less than predevelopment runoff rates unless otherwise permitted in writing by the Planning Board.
The applicant shall provide measures to the satisfaction of the Board to ensure long-term maintenance of retention and detention basins, including periodic clearing of filters, removal of debris and sediment and weed-cutting. Wherever possible, restrictive deed covenants shall be used to assure that maintenance responsibilities are legally binding.
Roads and parking.
Vehicular circulation and service access shall be planned to protect adjoining properties and pedestrians and to avoid pedestrian/vehicular conflicts.
The visual impact of parking areas shall be minimized.
Parking areas and driveways shall be designed and constructed to provide convenient access to and from public highways.
Activities which involve a new road or driveway entering onto a public highway shall comply with the following standards:
The point of intersection with the public highway shall be a point at which sight distances are good and sufficient in both directions.
The angle of intersection with the public highway shall be as close to 90° as possible.
In the case of new connections to Town highways, the existing public road drainage shall be protected so that surface drainage flow is not impeded. The applicant's engineer, in consultation with the Town Engineer, shall prescribe the size and type of culvert, if any, to be utilized at the point of intersection. The Planning Board shall prescribe whether the applicant or the Town itself (at the applicant's expense) will supply and/or install the culvert, after recommendation of the Town Engineer.
Any access permits necessary from the Town, Oneida County or the State of New York as a result of access causing entry to a state, Town or county highway shall be obtained by the applicant, in addition to compliance with the terms of this section.
All proposed traffic access and roads shall be adequate in width, grade, alignment and visibility. Necessary traffic signalization, stop signs, other safety controls, devices and facilities shall be given proper consideration and be duly provided wherever appropriate or warranted.
Access shall be restricted to discrete points of entry and exit and shall not be along the entire road frontage of the project.
An area or areas shall be provided on site for the storage of snow, said area(s) located so as to avoid obstructing drivers' vision, protect landscaping elements and avoid posing problems for adjoining properties.
All roads shall be planned and installed to logically relate to the existing soils, topography and vegetation. For these purposes, areas with steep slopes, shallow soils, soils with the water table at or near the surface and soils that are highly susceptible to erosion or slippage shall generally be avoided.
Clearing and grading of roads in wooded areas shall be limited to that which is necessary to provide needed roadside and embankment drainage, construct stable cuts and fills and provide for utility installation.
All cleared banks, exposed burrow areas and cut and fill slopes, including ditch banks, shall be revegetated in a manner suited to site conditions.
Ditch bottoms shall be constructed and maintained to minimize soil erosion during periods of peak flow by means of revegetation, sodding, mulching, netting, stone paving, riprap and other materials or combinations of these, depending on hydraulics and soil properties.
Public road grades shall not exceed 10%. Private drive grades shall not exceed 12%.
Where feasible, access should be combined with existing access to public roads, and consideration should be given to the number and width of access points.
Sewage. Every on-lot sewage disposal system shall comply with the standards as to type, capacity, location, layout and minimum lot size requirements of the New York State Department of Health (NYSDOH) and, where applicable, the regulations of the New York State Department of Environmental Conservation (NYSDEC). In case of conflict between the requirements of the NYSDOH and NYSDEC, the most restrictive shall prevail.
Water supply. All water supply systems shall comply with the requirements of the NYSDOH and NYSDEC. In case of conflict between the requirements of the NYSDOH and NYSDEC, the most restrictive shall prevail.
Emergency access. All proposed structures shall be readily accessible for emergency vehicles, including police, ambulance and fire protection.
Watercourse protection. Any paved or otherwise improved parking area, driveway or loading or service area within 100 feet of any watercourse shall be designed and constructed so as to minimize surface runoff and the entrance of any chemical pollutants or soil siltation into the waterway.
Erosion and sedimentation control. The provisions of the NYSDEC's publication, entitled "Best Management Practices," shall apply with the particular intent of preventing the entrance of chemical pollutants into surface water and groundwater resources.