New Lebanon City Zoning Code
§ 205-14
Site plan review.
[Amended 7-11-2017 by L.L. No. 2-2017; 11-10-2020 by L.L. No. 3-2020; 12-14-2021 by L.L. No. 4-2021; 8-8-2023 by L.L. No. 4-2023; 4-9-2024 by L.L. No. 1-2024]
A.
Intent and purpose. Through site plan review, it is the intent of this chapter to promote the health, safety and general welfare of the Town. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town, and in addition, such an environment is deemed essential to the maintenance of the quality of life in the Town and the general welfare of its inhabitants. It is further the intent of this chapter to ensure optimum conservation, protection, preservation, development and use of the natural and man-related resources of the Town, by regulating land use activity within the Town through review and approval of site plans consistent with the adopted Town of New Lebanon Comprehensive Plan. It is the intent of this section to promote and encourage good design standards, adequate site amenities and visual and physical qualities in residential, commercial and industrial development.
B.
Authorization of Planning Board to review site plans. The Planning Board is hereby authorized to review and approve or disapprove, and, where it deems appropriate pursuant to § 205-14E(2), waive the review of, site plans for land uses within the Town as hereinafter designated pursuant to and in accordance with the standards and procedures set forth in this chapter.
C.
Costs. Cost incurred by the Planning Board for consultation fees or other expenses, including but not limited to engineering, legal, architectural, planning, or traffic engineering services, in connection with the review of the proposed site plan shall be charged to the applicant. The applicant shall deposit into an escrow account, established by the Town specifically for this purpose, a sufficient amount to be used solely by the Town of New Lebanon to retain qualified experts needed for review of the proposal as determined by the Planning Board.
D.
Site plan review and approval shall be required prior to beginning any new land use activity, engaging in any previous land use activity after having not engaged in such land use activity for a period of 18 months or more, changing any land use activity, or expanding the size or area of any land use activity, except with respect to the following:
(1)
Construction of one- and two-family homes and ordinary accessory structures and related land use activities.
(2)
Landscaping or grading, provided that such landscaping or grading is not undertaken in connection with a project that is otherwise subject to site plan review.
(3)
Ordinary repair or maintenance of existing structures or uses.
(4)
Exterior alterations or additions to existing structures which, when combined with all other exterior alterations or additions over the past five years, results in an aggregate increase in total square footage of such existing structures during such five-year period of not more than 25%.
(5)
Nonstructural agricultural or gardening uses.
E.
Procedures, generally. Prior to receiving a building permit and undertaking any new land use activity requiring site plan review, applicants shall prepare a sketch plan and attend the sketch plan conference as hereinafter set forth. The sketch plan shall be filed no fewer than 10 business days prior to the next regularly scheduled Planning Board meeting.
(1)
Sketch plan. A sketch plan conference shall be held between the Planning Board and the applicant prior to the preparation and submission of the application. The intent of such a conference is to enable the applicant to inform the Planning Board of the applicant's proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and generally determine the information to be required on the site plan application. In order to accomplish these objectives, the applicant shall provide the following for a sketch plan, except to the extent that, pursuant to Subsection D of this section, the Zoning Enforcement Officer determines that such information is not relevant or is otherwise not likely to be required for the Planning Board's sketch plan review:
(a)
A statement describing the project, giving evidence of compatibility with the Town of New Lebanon Comprehensive Plan and a time period for completion of the project;
(b)
A rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation, and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;
(c)
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way, easements, agricultural operations, and other pertinent features within 200 feet of the boundaries of the parcel; and
(d)
A topographical or contour map of adequate scale and detail to show site topography with contour intervals of 20 feet or less. Topographical maps that meet this requirement are available in the Building/Planning/Zoning Department office located in Town Hall.
(2)
Waiver of full site plan review. Notwithstanding the following requirements for site plan review, at or subsequent to the sketch plan conference, the Planning Board may waive the requirement of review and approval where it finds, in writing, served to the Zoning Enforcement Officer and applicant, that such review and approval is unnecessary and would not serve the purposes of this chapter. In granting that waiver, the Board shall determine that the proposed change in use or site plan change would not result in significant additional traffic generation, wastewater flows, or water consumption and would not otherwise adversely affect pedestrian and traffic circulation, eliminate parking, or alter the height of the exterior façade.
(3)
Application. Following the sketch plan conference, an application for site plan approval shall be made, in writing, to the Planning Board. Five copies shall be filed with the Planning/Zoning Clerk at least 10 business days prior to the next Planning Board meeting at which the application is on the agenda. The application shall include one or more of the following, as determined to be required by the Planning Board at the sketch plan conference:
(a)
A description of the planned use;
(b)
An erosion and stormwater control plan to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table and flooding of other properties, as applicable. This plan must comply with the New York Guidelines for Urban Erosion and Sediment Control and, if more than one acre of a site is disturbed, must be permitted by the New York State Department of Environmental Conservation. Where appropriate, the Planning Board may request soil logs, percolation test results and storm runoff calculations;
(c)
A description of the method of sewage disposal and location, design and construction materials of such facilities;
(d)
A description of the method of securing potable water and location, design and construction materials of such facilities;
(e)
An estimated project construction schedule;
(f)
Identification of any noise-producing elements of the project and an estimation of noise levels to be generated in decibels.
(g)
Identification of any permits from other governmental bodies required for the project's execution and a schedule showing when applications for such permits will be filed;
(h)
An agricultural data statement as defined in this chapter;
(i)
Other elements integral to the proposed development as may be considered necessary in the particular case by the Planning Board; and
(j)
Disclosure if Industrial Development Agency funding, tax-exempt status or tax abatements are to be sought in conjunction with this project.
(k)
A drawing or drawings containing the following:
[1]
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;
[2]
North arrow, scale and date;
[3]
Boundaries of the property plotted to scale;
[4]
Existing buildings and rights-of-way;
[5]
Rock outcrops, depth to bedrock, soil characteristics, watercourses, slopes in excess of 15% and grading and drainage plan, showing existing and proposed contours;
[6]
Location, architectural design, type of construction, proposed use and exterior dimensions of all buildings;
[7]
Location, number, design and type of construction of all parking and truck loading areas, showing access and egress, including those spaces dedicated for handicapped parking;
[8]
The location of all present and proposed public and private ways, driveways, sidewalks, ramps, curbs, paths, and other pedestrian access;
[9]
Location of outdoor storage, and location, type and screening details for all waste disposal containers, if any;
[10]
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, catch basins, headwalls, end walls, hydrants, detention ponds, drainage swales, retaining walls and fences;
[11]
Location of fire and other emergency zones, including the location of fire hydrants, if any;
[12]
Location, design and construction materials of all energy production and distribution facilities, including electrical, gas and solar energy;
[13]
Location, size, height, materials, and design and type of construction of all proposed signs;
[14]
Location and proposed development of all buffer areas, including existing vegetative cover and buffers designed to protect stream corridors, if present;
[15]
Location, height, design, intensity and bulb type of outdoor lighting facilities;
[16]
Identification of the location and amount of building area proposed for retail sales or similar commercial activity;
[17]
General landscaping plan and planting schedule. The landscape plan should show existing natural features that may influence the design of the proposed use such as rock outcrops, single trees eight or more inches in diameter located within any area where clearing will occur, forest cover and water sources and all proposed changes to these features. Water sources include ponds, lakes, wetlands, watercourses, aquifers, floodplains and drainage retention ponds; and
(l)
A full environmental assessment form as required by SEQRA. A short environmental assessment form will be sufficient for proposed single- and two-family residences located in a New York State-certified agricultural district.
(4)
Abbreviated site plan (inventory). For existing land uses that have not received site plan approval, that were lawfully established prior to the requirement that site plan approval be obtained, and that if established currently would be subject to site plan review pursuant to this chapter, the Zoning Enforcement Officer is authorized, upon the property owner's consent, to compile, or to cause to be compiled, an abbreviated site plan (inventory). Such abbreviated site plan (inventory) shall consist of a drawing that depicts the structures located on the property, parking and lighting and other relevant features. The Zoning Enforcement Officer shall maintain such abbreviated site plans (inventories) for use by the Planning Board in any future site plan review(s) that may be applicable to the property. The Zoning Enforcement Officer shall notify, and, if requested, provide a copy of a submitted abbreviated site plan (inventory) to, the Planning Board immediately upon its completion.
(5)
Required fee. An application for site plan review shall be accompanied by the currently applicable fee.
F.
General review standards and considerations. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations and shall ensure compatibility between the proposal and the Town of New Lebanon Comprehensive Plan and applicable state and county regulations:
(1)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs. Structures that are visible from public roads shall be compatible with each other and with traditional structures in the surrounding area in architecture (including but not limited to roof style and facades), massing, and placement, shall harmonize with traditional elements of the area, and shall avoid features such as flat roofs, large expanses of undifferentiated facades and long, plain wall sections. Architectural design shall be in keeping with the small-town architectural character of the area. Exterior lighting fixtures shall minimize glare and use design features such as, but not limited to, fully shielded fixtures to prevent light from shining onto neighboring properties or public ways and unnecessarily illuminating the night sky. Structures should be optimally placed to protect important viewsheds. Structures and activities shall be placed or buffered in a manner that protects adjacent agricultural operations.
(2)
Adequacy, arrangement, and compliance with the applicable municipal regulations regarding vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls, and adequacy of snow storage and ease of snow removal. The Town Planning Board shall forward the site plan to the Highway Department for review.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading. Use of pervious surfaces such as gravel or pavers are encouraged to reduce stormwater runoff.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities and compliance with all applicable New York State DEC stormwater regulations.
(6)
Adequacy of water supply and sewage disposal facilities as per Columbia County Health Department.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation. Landscaping shall be an integral part of the project area. To the extent practical, existing trees and other vegetation shall be conserved and integrated into the landscape design plan. Landscaping shall buffer incompatible uses such as large-scale commercial uses and residences.
(8)
Adequacy of fire lanes and other emergency zones to provide emergency access to structure(s) and the provision of fire hydrants if necessary.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or nuisances.
(10)
Adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(11)
Overall impact on the neighborhood, including compatibility of design consideration.
(12)
Adequacy and impact of structures, roadways and landscaping in areas of steep slopes and along ridgelines.
(13)
Overall impact on wetlands and surface water resources, especially related to impacts of erosion and other forms of pollution.
G.
Specific standards.
(1)
General lighting.
(a)
Where used for security purposes or to illuminate walkways, roadways, and parking lots, only shielded light fixtures shall be used. On-site lighting should be located to avoid harsh glares which distract the motorist's line of sight. The luminaire shall emit no direct light above a horizontal plane through the lowest direct light-emitting part of the luminaire. Fully shielded fixtures are required. The maximum height of the luminaire may not exceed 18 feet.
(b)
Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.
(c)
Direct light emissions shall not be visible above the building roofline for other upward-directed architectural, landscape, and decorative lighting.
(d)
Externally illuminated signs, including building identification signs, shall only use shielded light fixtures.
(2)
Light trespass and glare. All light fixtures shall be designed, installed, and maintained to prevent light trespass, as specified below.
(a)
Outdoor lighting shall be designed, installed, and maintained in a manner which does not present a disabling glare hazard to drivers or pedestrians. All reasonable measures, such as altering pole height, changing bulb type or using shielded fixtures, shall be taken to prevent the projection of a nuisance glare onto neighboring properties. Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will be no objectionable direct light emissions.
(b)
At the property line of the subject property, illumination from light fixtures shall not exceed 0.1 footcandle on adjacent residential property or 0.5 footcandle on adjacent business property, measured in a vertical plane.
(c)
The Planning Board may, as it deems appropriate, require that lighting be controlled by automatic timing devices to extinguish offending sources during specified periods to mitigate impacts. The Planning Board may also require that lighting, except for security lighting, be extinguished between the hours of 12:00 midnight and 6:00 a.m. for businesses that are not in operation during that time.
(d)
Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, fences, and similar screening methods be considered acceptable for reducing glare.
(3)
Light fixture design. Fixtures must be properly designed for the intended purpose. Lamps shall not be directly seen from normal viewing angles. Lamps shall be directed so that light output is directed toward the surface to be lighted.
(4)
Fixture installation.
(a)
Lighting fixtures shall not be mounted in excess of the maximum permitted building height or as permitted in § 205-14G(1) and (2).
(b)
Electrical feeds to lighting standards shall be run underground.
(5)
Lighting plans shall be included in site plan review. Lighting plans submitted for review and approval for subdivision and land development and site plan review shall include a layout of proposed fixture locations, footcandle data that demonstrate conforming intensities and uniformities, and a description of the equipment, glare-control devices, lamps, mounting heights and means, hours of operations, and maintenance methods proposed.
(6)
Landscaping standards.
(a)
Buffers. Landscape buffers shall be provided between all residential and new commercial use. Buffers may include planted trees and shrubs, hedgerows, berms, or existing forestland. The width of such buffer areas will depend upon the topography, scale of the use and their location on the property but shall normally be between 50 feet and 200 feet. Landscaping shall be an integral part of the entire project area and shall either buffer the site from or integrate the site with the surrounding area or both.
(b)
Existing vegetation. Building placement and lot layout shall be designed to relate to and incorporate existing vegetation. Insofar as practical, existing trees and other vegetation shall be conserved and integrated into the landscape design plan.
(c)
Landscape components. Primary landscape treatment shall consist of shrubs, ground cover and shade trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Selected landscape plants should be native to the area to the extent practicable. The Planning Board may require that shade trees three inches in caliper or 12 feet in height be planted and maintained at twenty-foot to thirty-foot intervals along roads, preferably in the parkway between the road edge and sidewalk, if present, or within a ten-foot setback from the road edge.
(d)
Screening. Open storage areas, exposed machinery, and areas used for storing and collecting rubbish shall be screened from roads and surrounding land uses. Suitable types of screening include wood fences and dense evergreen hedges of five feet or more in height. Where evergreen hedges are proposed, a temporary fence shall be built to provide screening until the evergreens are of sufficient height.
(7)
Roads and road access standards.
(a)
Access from major streets. Lots in subdivisions should be arranged to minimize driveway access from major streets. Where driveway access from a major street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access driveway in order to limit possible traffic hazard on such street. See also § 205-8D, Driveways, Subsection D(6), above, for standards related to shared driveways.
(b)
Frontage required. No building permit or certificate of occupancy shall be issued for any structure or use unless the lot on which that structure is located has frontage of at least 60 feet on a street.
(c)
Vehicle access and circulation. Multiple curb cuts shall be consolidated to the maximum extent practicable in order to provide clearly defined entrances and reduce conflicting vehicular movement.
(8)
Specific standards and considerations for agricultural district. The following specific standards shall apply to site plans located within an agricultural district. The Planning Board's review of the site plan for these locations shall include, as appropriate, but not limited to, the following general considerations and shall ensure compatibility between the proposal and the Town of New Lebanon Comprehensive Plan:
(9)
Overall impact on existing agricultural operations within the district.
(10)
The landscape plan will show a landscaped buffer a minimum of 50 feet or more where practicable between the proposed residential use and an adjoining agricultural use.
H.
Public hearing, referral, and Planning Board decision.
(1)
Public hearing. The Planning Board may conduct a public hearing on the site plan if considered desirable by a majority of its members. Such hearing shall be held within 62 days of the receipt of a completed application for site plan review and shall be advertised in the Town's official newspaper or, if there is none, in a newspaper of general circulation in the Town at least five days before the public hearing. The Planning Board shall give notice to the applicant at least 10 days before the public hearing.
(2)
Referrals to County Planning Board. At least 10 days before such hearing, a copy of the application and any accompanying documents shall also be sent to the Columbia County Planning Board for its review, as required by § 239-m of the General Municipal Law, where any site plan review application affects real property lying within 500 feet of the Town boundary or of the boundary of any existing or proposed county or state park or other recreation area or of the right-of-way of any existing or proposed county or state parkway, expressway, road or highway or of 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 or of the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated. In the event a public hearing is not required, such proposed action shall be referred before final action is taken thereon. No action shall be taken upon any matter referred to the Columbia County Planning Board until said Board shall have made a recommendation thereon to the Town Planning Board or 30 days shall have elapsed since the date of referral. If the County Planning Board disapproves the proposal or recommends modification thereof, the Town Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members and after the adoption of a resolution fully setting forth the reasons for such contrary actions. If significant changes have been made by the Planning Board or applicant to a site plan after the Columbia County Planning Board has been completed, the Planning Board shall re-refer the site plan application to the County Planning Board for a new review under § 239-m.
(3)
Planning Board decision. Within 62 days of receipt of the completed application for site plan approval or if a public hearing is held within 62 days of public hearing, the Planning Board shall render a decision. In its decision the Planning Board may approve, approve with modifications or disapprove the site plan. The time period in which the Planning Board must render its decision can be extended by mutual consent of the applicant and the Planning Board.
(a)
Approval. The Town Planning Board will approve the site plan, provided that it finds the facts submitted with the site plan establish that:
[1]
The location, nature and intensity of the use involved shall be such that it will be in harmony with the orderly development of the Town as proposed in the Comprehensive Plan and will not discourage the appropriate development and use of adjacent land and buildings;
[2]
Existing streets are suitable and adequate to carry anticipated traffic generated by the proposed use and in the vicinity of the proposed use;
[3]
The proposed use will not be detrimental to personal safety within the area, the natural characteristics of the site or area, and surrounding uses; and
(b)
Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due the Town and not yet paid, the Planning Board shall endorse its approval on a copy of the site plan and shall file it and a written statement of approval within five business days with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
(c)
Approval with modifications.
[1]
The Planning Board may conditionally approve the final site plan. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.
[2]
A copy of written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met, and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it, and a written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
(d)
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the Town Clerk and a copy thereof mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reasons for disapproval.
I.
Miscellaneous provisions.
(1)
Integration of procedures. Whenever the circumstances of proposed development require compliance with this Site Plan Review Law and with any other local law, ordinance or requirement of the Town, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this chapter with the procedural and submission requirements for such other compliance.
(2)
Enforcement. No certificate of occupancy shall be issued until all improvements shown on the approved site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. This sufficiency of such performance guarantee shall be determined by the Town Planning Board after consultations with the Town Board, Zoning Officer, Town Attorney and/or other appropriate parties.
(3)
Expiration of site plan approval. Site plan approval shall automatically terminate one year after the same is granted unless a building permit has been issued and there is physical evidence to demonstrate that the project is in progress. An applicant may request one six-month extension of this time frame.
(4)
Consultant review. The Planning Board may consult with but not limited to the following: the Town Building Inspector, Fire Commissioners, environmental organizations, Highway Department Superintendent, Town Engineer, other local and county officials, the New York State Health Department, Department of Environmental Conservation, the New York City Department of Environmental Protection, and the New York State Department of Transportation. The Planning Board may hire a consultant, if needed, to review plans.