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.

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.

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.

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.

No certificate of occupancy shall be issued unless all requirements of the site plan approval have been fully met.

No lot or parcel of land shall be used except in conformity with an approved site development plan, when required.

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.

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.

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.

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.

Stormwater detention basins, retention basins, and water quality ponds.

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.

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.

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.

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.

The Code Enforcement Officer is hereby authorized to enforce all conditions of site plan approval.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(Reserved)

(Reserved)

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 and if any work shall extend beyond three years from the date of initial site plan approval, the amount of the performance bond or bonds may be re-evaluated and increased as deemed warranted by the Town Board, upon recommendation of its consultant engineer. The amount of the performance bond or bonds shall be re-evaluated thereafter, every three years, until all secured work on the approved site plan or site plan amendment is complete. Maintenance bonds shall remain valid for a period of three years from the date of acceptance by the Town of the applicable public improvements. All bond estimates and bonds shall be in a form and amount acceptable to the Town's consultant engineer and Town Attorney, and approved by the Town Board.

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.

Wherever in this Subsection D, Procedure, the term "presubmission conference" is utilized, the same shall be understood to also include technical work sessions held with the Planning Board Engineer and other Town representatives as scheduled by the Board.

Legal data.

Natural features.

Existing structures and utilities.

Proposed development.

Information concerning the provisions of solar access to the building or buildings to be constructed on the site in accordance with the following criteria:

Any other information deemed by the Board necessary to attain conformity of the site plan with the intent and regulations of this chapter.

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.

Following the approval of a site plan by the Planning Board, the applicant shall have one year from the date of the Board resolution approving the site plan to satisfy all conditions and to secure the stamp and signature of the Planning Board Chairperson. If the applicant does not satisfy the conditions and secure the stamp and signature within the one-year period, except as hereinafter set forth, the approval shall automatically expire.

The applicant shall have 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. If the applicant fails to secure a building permit within the one-year period, the site plan approval shall expire.

Prior to the expiration of any site plan approval, if an applicant seeks a one-year extension of such approval, the applicant shall file a written request to, and appear before, the Planning Board. The Planning Board may grant no more than three such extensions, each for a period of up to one year from the date of the last approval or extension granted. To obtain Planning Board approval of such request, the applicant must show, by clear and convincing evidence and written supporting documentation, that circumstances warrant approval of same. The applicant must further demonstrate to the Planning Board that circumstances or conditions upon which its initial approval was based have not substantially changed, including but not limited to an applicable change in zoning and/or diminished capacity to provide essential services. Any site plan approval which previously received three or more extensions at the time of the enactment of this provision shall not be eligible for any further extensions.

Unless otherwise extended by the Planning Board, in compliance with the requirements and procedures set forth above, all site plan work shall be completed within two years from the date a building permit was issued.

That all proposed structures, equipment or material shall be readily accessible for fire and police protection.

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.

That, in addition to the above, in the case of any use located in or directly adjacent to a residential district: