New Windsor City Zoning Code
ARTICLE XIV
Site Plans and Special Use Permits
§ 300-86 Site plan review.
A.
General applicability.
(1)
In all cases where this chapter requires approval of site plans, no building permit shall be issued by the Code Enforcement Officer except upon authorization of and in conformity with the plans approved by the Planning Board.
(2)
Except as otherwise required herein, no site plan approval shall be required for one- or two-family detached residences on a single lot or for additions, alterations or structures accessory thereto. All other principal uses and all conditional and accessory uses shall require site development plan approval prior to the issuance of a building permit.
(3)
A change of use shall require site plan approval where, in the judgment of the Building Inspector, there will be an increase in parking, traffic, water consumption, sewage effluent or other regulated activity.
(4)
The Planning Board, in its sole discretion, may waive site plan approval for any modification to a previously approved site plan that the Planning Board deems to be minor in nature; such minor modifications shall be deemed field changes subject only to review and approval by the Code Enforcement Officer.
(5)
No certificate of occupancy shall be issued unless all requirements of the site plan approval have been fully met.
(6)
No lot or parcel of land shall be used except in conformity with an approved site development plan, when required.
B.
Objectives. In considering and acting upon site plans, the Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the proposed development and the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
(1)
Traffic access. All proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(2)
Circulation and parking. Adequate off-street parking and loading spaces are provided to prevent the parking on public streets of vehicles of any persons connected with or visiting the use and the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(3)
Landscaping and screening. All playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible.
(4)
Restrictive covenants and easements, including conservation easements. Restrictive covenants and easements, in form and content acceptable to the Planning Board attorney and the Town Attorney, may be imposed on the site plan and required to be recorded by the Planning Board prior to approval. Restrictive covenants and easements shall be subject to enforcement by the Town of New Windsor and other parties in interest.
(5)
Stormwater detention basins, retention basins, and water quality ponds.
(a)
The site plan shall comply with both Chapter 249, Stormwater Management, of the Town of New Windsor Code and the New York State Department of Environmental Conservation regulations providing for control of stormwater. For site plans, the ownership and maintenance responsibility for stormwater detention basins, retention basins, and water quality ponds shall be made an obligation of the owner of the site. The improvement shall be located on the same lot as the other site plan improvements. It is not permissible to create a separate lot for the stormwater improvements.
(b)
The following basin design criteria shall be incorporated into all basins and ponds:
[1]
Landscaping is required where buffers or screening is necessary, staggered white pine plantings and berms being deemed preferable for these situations.
[2]
Maximum side slopes shall be 1:3 (vertical: horizontal).
[3]
Fences may be required at the discretion of the Planning Board.
[4]
The basin and outlet control facilities shall be designed and sized to result in a zero net increase in runoff from the site. In addition, concentration of discharges shall be avoided. The Planning Board shall have the option of modifying these requirements where adequate downstream excess stormwater capacity is demonstrated.
[5]
All facilities shall be evaluated and designed based on five-year, ten-year and twenty-five-year storm frequency, unless otherwise required by NYSDEC regulation, and unless the site is greater than 320 acres. Sites greater than 320 acres shall be based on the aforementioned criteria, plus the fifty-year storm frequency.
(6)
The Planning Board may require fencing and retaining walls, and if required or provided, shall be of a design deemed acceptable for both aesthetics and structural stability by the Planning Board.
(7)
All external building and parking lot lighting (including mounted lighting) shall employ LED technology for the general welfare of the public, unless otherwise approved by the Planning Board for good cause.
[Added 9-7-2016 by L.L. No. 2-2016]
C.
Effect of site plan approval.
(1)
No building permit shall be issued for any structure covered by this section until an approved site plan or an approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Code Enforcement Officer.
(2)
No certificate of occupancy shall be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approved site plan or an approved amendment of any such plan.
(3)
The Code Enforcement Officer is hereby authorized to enforce all conditions of site plan approval.
D.
Procedure.
(1)
Presubmission conference. Prior to the submission of a site plan, the applicant shall meet in person with the Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site plan elements listed in Subsection D shall be submitted to the Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(2)
Within six months following the presubmission conference, the site plan and application materials, together with the required fee from the Standard Schedule of Fees of the Town of New Windsor, shall be submitted to the Secretary of the Planning Board, and copies of all materials shall be distributed to the Code Enforcement Officer and Planning Board Engineer. The site plan and application materials must also be submitted to the Secretary of the Planning Board in .pdf file format on a compact disc (CD), DVD or thumb drive. Materials (initial submittal and any resubmittals) must be submitted to the Planning Board Secretary in proper form [both paper copies and electronic (CD, DVD or thumb drive)] and number according to the schedule of meetings, workshops and submission deadlines and requirements as may be adopted by the Planning Board. Once the site plan application is finally approved, the applicant will be provided with one set of stamped, signed drawings, which must be scanned and returned to the Secretary of the Planning Board in a .pdf file format on a CD, DVD or thumb drive. Upon receipt of the scanned stamped, signed plans, the remaining sets of stamped, signed plans will be released to the applicant. No building permit will be issued for the project until such time as the applicant provides a scanned copy of the stamped, signed plans on CD, DVD or thumb drive.
[Amended 9-7-2016 by L.L. No. 2-2016]
(3)
The Code Enforcement Officer and Planning Board Engineer shall report to the Planning Board whether the plan meets the requirements of all zoning law provisions and shall also make recommendations for modifications to the plan in order that the plan or amendment thereof shall be consistent with these regulations.
(4)
The Planning Board may require, on its own motion, that the applicant prepare alternative site plans or layouts, or prepare such studies or technical reports, where the submitted site plan does not meet the requirements or standards of these regulations. The Board may require that the applicant retain the services of independent consultants or specialists to prepare the alternative plans, layouts, studies or reports in support of his application. Any expenses incurred in the preparation of these materials shall be fully the responsibility of the applicant.
(5)
In certain cases where circumstances require during the review of an application, the Planning Board may retain its own special professional consultants to review plans or technical documents. Fees incurred for these consultants will be the responsibility of the applicant, and charged against the escrow deposit made for the application.
(6)
A public hearing for site plan approval may be required by the Planning Board at its discretion. Upon receipt of such documents in proper form, the Planning Board shall fix the date for a public hearing on the proposed use. The applicant shall send notice of the public hearing stating the date, place and substance of the hearing to all owners of property abutting the proposed use and directly across any adjoining street as the names of said owners appear on the last complete assessment roll of the Town. The notice shall be in accordance with the notice provisions under § 300-85A.
(7)
The Board shall act to approve or disapprove any such site plan within 62 days after the meeting at which the same is submitted or within 62 days after the public hearing, if a public hearing is required, or the completion of the SEQRA process, whichever is later. Failure to act within 62 days following the closure of the public hearing or the completion of SEQRA, whichever is later, shall be deemed approval. Disapproval shall include written findings upon any site plan element found contrary to the provisions or intent of this chapter.
(8)
Amendments to a site plan shall be acted upon in the same manner as all site plan applications, per the procedure outlined in this section. If any amendment of a site plan is approved by the Board, all requirements or provisions of the original site plan shall remain in full force in effect, even if not specifically noted or referenced on the amendment of site plan, unless such provision or provisions are specifically modified or eliminated by the Board as part of the amendment.
(9)
Waiver of required information. Upon findings by the Planning Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, provided that such variance or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site plan submission, Comprehensive Plan or this chapter.
(10)
Application for building permit. Within one year of the date of stamped site plan approval by the Planning Board, the applicant shall apply for a building permit or the approval of the site plan shall expire. However, the Planning Board may extend the time for application for a building permit upon application for an extension, in writing, setting forth the basis for the request, received and approved by the Board, if, in the Planning Board's opinion, such extension is warranted by the particular circumstances. Any application for an extension must be received and approved by the Board during the time period within which the approval is still valid and in force.
[Amended 9-7-2016 by L.L. No. 2-2016]
(11)
Unless work is commenced and diligently prosecuted within one year, or within such time expressly stated by the Planning Board or any subsequent extension, said approval shall become null and void.
[Amended 9-7-2016 by L.L. No. 2-2016]
(12)
The Planning Board may require, as a condition of approval, that a performance bond or maintenance bond, or both, be posted with the Town in a manner set forth in Chapter 257, Subdivision of Land, to guarantee the installation of key site improvements and the upkeep of landscaping, screening and safety devices and to ensure the general cleanliness and proper housekeeping of the grounds and environs of the area approved pursuant to these regulations. Such performance bonds shall be maintained valid until all work is complete and accepted by the Town. Unless otherwise extended by the Planning Board, all work shall be completed within two years from the date of building permit. Maintenance bonds shall remain valid for a period of three years from the date of the certificate of occupancy of the completed site plan. All bond estimates shall be in a form and amount acceptable to the Planning Board engineer.
(13)
When any development of land is proposed to be made, and before any application for a building permit is made and before the erection of any structure within such proposed site plan shall commence, or any grading, clearing, construction, topographical alteration or any other improvements undertaken therein, the applicant or his duly authorized agent shall obtain the final approval of such proposed site plan in accordance with the procedures set forth in these regulations or shall obtain the specific approval for such grading, clearing, topographical alteration or other site improvements from the Planning Board.
E.
Site plan elements. The applicant shall cause a site plan map to be prepared by a professional engineer, surveyor, architect or other design professional authorized under the New York State Education Law to prepare such a plan. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or use as indicated by the Planning Board and its consultants in the presubmission conference. During the pre-submission conference, the Board or its consultants shall consider the necessity of the preparation of separate plan sheets for certain elements of the plan, such as a general layout sheet showing existing and proposed uses on the site; a site grading and drainage sheet showing existing and proposed contours, as well as existing and proposed storm drainage improvements; and a lighting and landscaping sheet showing existing and proposed lighting sources and landscaping elements, or similar type plans. Unless otherwise acceptable to the Planning Board Engineer, all site plans shall be drawn to a scale of one inch equaling 30 feet or 40 feet.
(1)
Legal data.
(a)
Section, block and lot numbers of the property, taken from the latest tax records.
(b)
Name(s) and address(es) of the owner(s) of record and the applicant, if different.
(c)
Name and address of person, firm or organization preparing the map.
(d)
Date, North point and written and graphic scales.
(e)
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000. All plans shall identify the source of the boundary data (name of licensed surveyor who prepared the base plan and the date of the survey).
(f)
Locations, names and existing widths of adjacent streets and curblines.
(g)
Locations and owners of all adjoining lands as shown on the latest tax records.
(h)
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
(i)
Complete outline of existing deed restrictions or covenants applying to the property.
(j)
Existing zoning, school and special district boundaries.
(k)
An area location map, at a scale of no smaller than one inch equals 1,000 feet, showing adjoining public roads, railroads, major watercourses, schools, firehouses and any other landmarks to establish the location of the property.
(l)
A table showing the relationship between the existing and proposed uses of the property and the bulk requirements for the intended use in the zone in which the property is situated in relation to the bulk requirements. Required and permitted values and specific proposed values shall be provided.
(2)
Natural features.
(a)
Existing contours with intervals of two feet or less, referred to a datum satisfactory to the Board. Elevation values shall be labeled on all contours.
(b)
Approximate boundaries of any areas subject to flooding or stormwater overflows.
(c)
Location of existing watercourses, federal and state regulated wetlands and wetland buffers, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more measured three feet above the base of the trunk and other significant existing features.
(3)
Existing structures and utilities.
(a)
Location of uses and outlines of structures drawn to scale and within 100 feet of the lot line.
(b)
Paved areas, sidewalks and vehicular access between the site and public streets.
(c)
Locations, dimensions, grades and flow direction of existing sewers, culverts and waterlines, as well as other underground and aboveground utilities within and adjacent to the property.
(d)
Other existing developments, including fences, landscaping and screening.
(4)
Proposed development.
(a)
Location of proposed buildings or structural improvements.
(b)
Location and design of all uses not requiring structures, such as off-street parking and loading areas.
(c)
Location, direction, power and time of use for any proposed outdoor lighting or public address systems. Where deemed appropriate by the Planning Board, the applicant shall have prepared lighting intensity plans with isolux curves to depict the location of all lighting fixtures and the intensity of lighting in footcandles.
(d)
Location, plans, elevations, details and the lighting provisions of any outdoor signs.
(e)
Location and arrangement of proposed means of access, ingress and egress, including sidewalks, driveways or other paved areas, and profiles indicating grading and cross sections showing the width of the roadway, the location and width of sidewalks and the location and size of water and sewer lines.
(f)
Proposed grading, screening and other landscaping, including types and locations of proposed street trees, shrubs and other vegetation.
(g)
Location of all proposed waterlines, valves and hydrants, and of all sewer lines or alternate means of water supply and sewage disposal and treatment.
(h)
Outline of any proposed easements, deed restrictions or covenants.
(i)
Contemplated public improvements on or adjoining the property.
(j)
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(5)
Information concerning the provisions of solar access to the building or buildings to be constructed on the site in accordance with the following criteria:
(a)
Site selection. In order to maximize solar access, the development should place highest densities on south-facing slopes. Lower densities should be sited on north-facing slopes.
(b)
Street layout. Streets should be oriented on an east/west axis to the greatest possible extent. Orientation can vary up to 10° to the northwest and 25° to the southwest.
(c)
Lot layout. Lots should be oriented north and south to the greatest extent possible.
(d)
Building siting.
[1]
The long axis of buildings on the site should be oriented east and west to the greatest possible extent. Building orientation may vary up to 10° to the northwest and 25° to the southwest of the east/west axis.
[2]
Buildings should be sited as close to the north lot line or lines as possible to increase yard space to the south for better owner control of shading.
[3]
Adjustments to front, side and rear lot lines, acceptable to the Planning Board, should be used when good solar access is not possible for single-family detached units on a particular site due to topography, property orientation or other salient factors.
[4]
Tall buildings should be sited to the north of shorter buildings. Tall buildings shall be buffered from adjacent developments in the same manner.
(e)
In selecting trees for landscaping, the mature height and canopy size should be considered to prevent shading of south walls of proposed buildings.
(f)
Aesthetics. If solar access systems are proposed for new construction, the applicant shall submit elevation drawings indicating the location, size and type of units proposed. The location, plan and elevation of all proposed ground-mounted solar collectors shall also be submitted for review. In all cases, efforts shall be made to retain the existing aesthetic character of the neighborhood while providing the best possible location for such collector units on the site.
(6)
Any other information deemed by the Board necessary to attain conformity of the site plan with the intent and regulations of this chapter.
(7)
Electronic documents. Site plans and final as-built drawings shall be provided to the Chief Information Officer (CIO) of the Town of New Windsor in digital form acceptable to the CIO. PDF formatted electronic documents shall be acceptable only for pre-approval submissions.
F.
Expiration of site plan approval and application abandonment.
(1)
Following the approval of a site plan by the Planning Board, the applicant shall have 360 days from the date of the adoption of the Board resolution approving the plan to satisfy all conditions and to secure the stamp and signature of the Planning Board Chairperson. In the event that the applicant does not satisfy the conditions and secure the stamp and signature within the three-hundred-sixty-day period, except as hereinafter set forth, the approval shall automatically expire. The applicant may apply to the Board for further extension(s) of the approval in order to satisfy all conditions of approval and to secure the stamp and signature of the Planning Board Chairperson. Any application for an extension must be in writing and set forth the basis for the request and must be received and approved by the Board during the time period within which the approval is still valid and in force. The Planning Board may, at its option, grant all permissible extensions at the time of the approval.
(2)
The applicant shall have not more than one year from the date of the Planning Board Chairperson's signature on the site plan to secure a building permit for the construction of improvements on the site. In the event that the applicant fails to secure a building permit within the one-year period, the site plan approval shall expire. The applicant may apply, in writing, to the Board for a further extension, which may be granted if, in the Planning Board's opinion, such extension is warranted by the particular circumstances. The application must include the basis for the request. Any application for an extension must be received and approved by the Board during the time period within which the approval is still valid and in force.
[Amended 9-7-2016 by L.L. No. 2-2016]
(3)
If no action has been taken on the application for one year and the application has not been an item on a regular agenda of the Planning Board during that one-year period, the Planning Board shall notify the applicant by ordinary first-class mail at the last known address of the applicant that unless some action is taken on the application within 60 days of the date of the notice, the application will be treated as abandoned, the application will be deemed disapproved and the file closed.
§ 300-87 Issuance of special use permits.
A.
Upon application and after public notice and hearing, the Planning Board, or the Town Board, whichever has the authority to issue the particular special use permit, may authorize the issuance by the Code Enforcement Officer of permits for any of the special permit uses for which this chapter requires such permits, in the district in which such use is proposed to be located. In approving any such use, the issuing Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
(1)
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
(2)
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3)
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature and intensity of operations involved in or in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to nor conflict with the normal traffic of the neighborhood.
(b)
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
B.
Each application for a special use permit shall be accompanied by a proposed plan showing the size and location of the lot and the location of all buildings and proposed facilities, including access drives, parking areas and all streets within 200 feet of the lot.
C.
Any use for which a special use permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall affect only the lot or portion thereof for which such permit shall have been granted.
D.
The issuing board may require reasonable conditions and may also require that special use permits be periodically renewed. Such renewal shall be granted following due public notice, in accordance with the notice provisions under § 300-85A, and public hearing, and renewal may be withheld only upon a determination by the issuing board that such conditions as prescribed by the issuing board with the issuance of the original permit are no longer complied with. In such cases, a period of 60 days shall be granted to the applicant to come into full compliance prior to the revocation of the special permit.