Newburgh City Zoning Code
ARTICLE XI
Site Plan Review; Application and Approval
§ 300-86 Purpose; applicability.
A.
Purpose. The City of Newburgh requires site plan review by the City of Newburgh Planning Board in accordance with the requirements of Article V. The purpose of site plan review is to provide oversight of specific types of development to ensure compliance with all appropriate land development regulations and consistency with the City's adopted planning and policy documents.
B.
Applicability. Site plan approval by the City of Newburgh Planning Board shall be required by all permitted uses listed in the Schedule of Use Regulations[1] as requiring site plan approval only. Site plan review shall be included as an integral part of the special use permit approval process as required in Article XII of this chapter. The City Planning Board will refer to the International Dark Sky Lighting standards when reviewing all plans.
§ 300-87 Required application information.
A.
An application for site plan approval shall be accompanied by plans and descriptive information sufficient to clearly portray the intentions of the applicant. Site plans shall be prepared by a licensed professional engineer, architect, or landscape architect and shall include the following, unless waived by the City of Newburgh Planning Board:
(1)
A vicinity map drawn at the scale of 1,000 feet to the inch or larger that shows the relationship of the proposal to existing community facilities which affect or serve it, such as roads, shopping areas, schools, etc. The map shall also show all properties, subdivisions, streets, and easements within 500 feet of the property.
(2)
An existing conditions map, showing existing buildings, roads, utilities, and other man-made features, as well as topography and all existing natural land features that may influence the design of the proposed use, such as rock outcrops, existing watercourses, wetlands, floodplains, drainage retention areas, soils, marshes, wooded areas, single trees with a diameter of 12 inches or more, measured three feet above the base of the trunk, and other significant existing features located within any area where clearing will occur.
(3)
A field survey of the boundary lines of the parcel, giving complete descriptive data by bearings and distances, made and certified by a licensed surveyor.
(4)
A site plan drawn at a scale and on a sheet appropriate to the project. The information listed below shall be shown on the site plan and all sheets submitted in the site plan application package:
(a)
Name of the project; section, block and lot number; street names and project site boundaries; fire lanes; date of plan; North arrow and scale of plan; name and address of the owner of record; developer; and seal of the engineer, architect, and landscape architect. If the applicant is not the owner of record, a letter of authorization shall be required from the owner.
(b)
The names of all owners of record of all adjacent property within 500 feet of the site's perimeter.
(c)
Zoning district boundaries with 500 feet of the site's perimeter shall be drawn and identified on the site plan, as well as any school, overlay and/or special district boundaries.
(d)
Boundaries of the subject property, building or setback lines if different from those required in this chapter, and lines of existing streets and lots as shown on the official map of the City of Newburgh or City tax map.
(5)
The location and use of all existing and proposed structures within the subject property as shown on the official map of the City of Newburgh or tax map, including all dimensions of height, area, all exterior entrances, and all anticipated future additions and alterations.
(6)
The location, height, size, materials and design of all proposed signs.
(7)
Traffic flow patterns within the site, entrances and exits, and loading and unloading areas, as well as curb cuts on the site and within 100 feet of the site. The City of Newburgh Planning Board may, at its discretion, require a detailed traffic study for large developments or for those in heavy traffic areas to satisfy the requirements of § 300-91.
(8)
The location, size, dimensions, access and egress, circulation patterns and design of any off-street parking areas, including location of handicapped accessible parking and required signage.
(9)
The location of all present and proposed overhead or underground utility systems including:
(10)
Erosion and sedimentation 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.
(11)
Existing and proposed topography at two-foot contour intervals or such other contour interval as the Board shall specify. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark.
(12)
The location of all floodplain boundaries as determined by the Federal Emergency Management Agency. In accordance with Chapter 175, Flood Damage Prevention, of the Code of the City of Newburgh, if any portion of the parcel is within the one-hundred-year floodplain, the area will be shown and base flood elevations given. Areas shall be indicated within the proposed site and within 50 feet of the proposed site where soil removal or filling is required, showing the approximate volume in cubic yards. The plan shall specify all nonstructural measures to minimize flood damage, including but not limited to:
(13)
Lighting plan, including the existing and proposed location, height, intensity and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties shall also be shown.
(14)
A landscaping, planting and grading plan showing proposed changes to existing features and any proposed new features shall be shown.
(15)
For new construction or alterations to any structure, a table containing the following information shall be included:
(a)
Estimated area of structure intended to be used for particular uses, such as retail operation, office, storage, etc.;
(b)
Estimated maximum number of employees;
(c)
Maximum seating capacity, where applicable; and
(d)
Number of parking spaces existing and required for the intended use, including parking for bicycles.
(16)
Elevations at a scale of 1/4 inch equals one foot for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color of materials to be used.
(17)
Where appropriate, the City of Newburgh Planning Board may request soil logs, percolation test results, and storm runoff calculations.
(18)
Disposition plans for disposal of construction and demolition waste, either on site or at an approved disposal facility.
(19)
SEQRA Environmental Assessment Form or Draft Environmental Impact Statement.
(20)
Where appropriate, a cultural resource survey of resources with historic or archaeological significance.
(21)
Where the applicant wishes to develop in stages, the site plan application must include the complete ultimate proposed development.
(22)
Identification of any hazardous materials associated with a proposed industrial use.
(23)
Disclosure of information on the use, storage, treatment and disposal of any hazardous materials associated with a proposed industrial use.
(24)
Other information that may be deemed necessary by the City of Newburgh Planning Board.
B.
Additional viewshed analysis for the WG, PWD, and portion of the DN Districts.
(1)
Purpose and intent. The purpose of this subsection is to protect and enhance the City's scenic viewshed, comprised of natural, aesthetic and cultural resources formed by the landscape and geologic features of the City. It is the intent of the City of Newburgh to preserve scenic views to and from the Hudson River, the Hudson Highlands and the east bank of the Hudson River.
(2)
The views from the following locations are recognized by the City of Newburgh as providing significant benefits to the residents and visitors of Newburgh and as important parts of Newburgh's cultural heritage. The detailed description of the current views is noted specifically to highlight the character of the current view as emphasis to the importance of its preservation.
(a)
The Dutch Reformed Church at Montgomery and South Streets. From this vantage point looking south-southeast, the view is of Hudson Highlands, Bannerman's Island, and the Hudson River.
(b)
Washington's Headquarters. The views to the southeast and east focus on the Hudson River and mountains beyond. The Hudson River, the lawn and the roofline of the building in the center of the view are horizontal in design. To the northeast there is a clear view of the Hudson River, the mountains beyond and the Newburgh-Beacon Bridge.
(c)
Broadway and Colden Street. The foreground is occupied by open space identified for pedestrian walkways to the northeast to the waterfront. Marine Drive, in the middle ground, runs parallel to the Hudson River. On the Hudson River's edge are low buildings that do not obstruct the view. The Newburgh-Beacon Bridge fades into the horizon. The view to the southeast features the sloping parkland in the foreground, low industrial buildings and a marina bay in the middle ground. The southeast view is dominated by the Hudson River, and the Hudson Highlands. There is some light industrial use presently in the middle ground. The foreground is sloping parkland and an undeveloped site.
(d)
Newburgh Public Library. The view from the eastern wall of the Newburgh Public Library, at an elevation of approximately 100 feet above sea level, provides a view of the Hudson River.
(e)
The view to the south terminates at Orange County Community College. The north-facing view is of the Hudson Highlands, the Hudson River and the Newburgh-Beacon Bridge. Existing structures on the waterfront frame the bottom of the view from this highpoint.
(f)
Bay View Terrace. The views from Bay View Terrace, between Overlook Place and Monument Street, offer views of the Hudson River, the Hudson Highlands, Bannerman's Island and points north and south.
(3)
Visual impact analysis.
(a)
All applications for site plan approval within the WG, PWD or DN Districts shall be evaluated for their impacts to the scenic views defined above during the site plan review process.
(b)
Visual impact analysis for applications requiring site plan approval will be evaluated by the Planning Board. If the application does not require site plan approval, the visual impact analysis will be evaluated by the Building Inspector.
(4)
Visual impact analysis methodology.
(a)
In connection with the site plan approval process, the City Planning Board shall require the applicant to prepare photographic simulations of the proposed structure(s), within the context of the site, to determine whether or not a proposed structure or activity will adversely affect the scenic viewshed.
(b)
The City Planning Board can authorize alternative state-of-the-art visual impact assessment techniques to be employed by an applicant in the preparation of the visual impact assessment. Use of an alternative visual impact assessment methodology may only be employed by mutual agreement of the applicant and the City Planning Board.
(5)
Referral. To assist in the evaluation, the City Planning Board shall refer all applications for site plan approval within the WG and PWD Zoning Districts to the Conservation Advisory Council (CAC). Such referral shall be done so as to allow the CAC at least 30 days, but no more than 30 days after the next scheduled regular meeting to review and return comments.
(6)
Public hearing. The City Planning Board must hold a public hearing on all site plan applications in accordance with § 300-90.
(7)
Evaluation criteria. When making the determination of impacts to the scenic viewshed, site plan approval may only be granted by the City Planning Board if, with appropriate conditions attached, the proposed activity:
(a)
Will not significantly impair scenic character and will be aesthetically compatible with its surroundings.
(b)
Will minimize the removal of native vegetation, except where such removal may be necessary to open up or prevent the blockage of scenic views and panoramas from public places.
(c)
Will locate and cluster buildings and other structures in a manner that minimizes their visibility from public places.
(8)
Waivers. The City Planning Board may waive one or more of the specific requirements of this subsection upon a written finding that such waiver will not impair the scenic preservation purposes of this article. Any development which is the subject of a detailed visual assessment as part of an environmental impact statement shall be eligible for such waivers if supported by SEQR findings.
C.
Waivers. Upon findings by the City of Newburgh Planning Board that, due to special conditions peculiar to a site, certain information required in this § 300-87 is inappropriate or unnecessary, the Board may vary, waive or defer 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 purposes of the site plan submission, City of Newburgh Master Plan or this chapter.
§ 300-88 Application procedures.
A.
Applicability. This section applies for site plan approval applications where no special use permit is required.
B.
Preapplication Planning Board workshop.
(1)
Purpose. The purpose of the optional preapplication Planning Board workshop is to provide cooperative consultation between the City of Newburgh and applicants by providing the applicant with the opportunity for informal discussion of site development proposals with the City Planning Board. The goal of the preapplication Planning Board workshop discussion is for the City Planning Board to guide applicants toward productive use of their land within the regulations, thereby avoiding and minimizing to the extent practicable, the potential for environmental impact. The intent of the preapplication Planning Board workshop is for the City Planning Board to provide applicants with its general impressions of the proposed site development application and provide the applicant with general suggestions and advice which may be incorporated into the formal submission.
(2)
Process. Once the Building Inspector has referred an application to the City Planning Board for site plan approval in accordance with the requirements of § 300-31, and prior to submission of a formal site development plan, an applicant may request to be placed on a City Planning Board workshop agenda for an informal discussion of the proposal with the City Planning Board. Materials provided by the applicant to the City Planning Board can be schematic, but provide sufficient information for the City Planning Board to provide informal comments and direction to the applicant.
C.
Post-application technical workshop.
(1)
Purpose. The purpose of the mandatory post-application technical workshop is to provide applicants with the technical expertise of the City staff in advance of filing a formal application for review by the Planning Board. The goal of the post-application technical workshop is to provide applicants with technical guidance on the required submission materials, and the roadmap through the review and approvals process.
(2)
Process. Prior to the submission of a formal site development plan, the applicant must meet with the City Engineer, City Attorney, City Building Inspector, Department of Planning and Development, City Department of Fire Prevention and City Planning Board Chairperson (or designated representative) to discuss the proposed site development plan in order to determine which of the subsequent requirements may be necessary in developing and submitting the required site plan.
D.
Submission. An application for site plan approval shall be submitted to the Building Inspector, in accordance with the submission requirements (number of copies, digital files, etc.) and within the required deadlines stipulated in the approved City Planning Board Policies and Procedures available in the office of the Building Inspector. The information enumerated in § 300-87 shall be submitted as required, along with:
E.
Application for area variance. Where a proposed site plan contains one or more features which do not comply with the dimensional regulations of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 300-115 without a decision or determination by the Building Inspector.
F.
SEQRA compliance. Upon receipt of application materials it deems complete, the City of Newburgh Planning Board shall initiate the New York State Environmental Quality Review process by either circulating the application and environmental assessment form to all involved agencies (if coordinated review is undertaken) or by issuing its determination of significance within the later of 20 calendar days or the receipt of any additional information reasonably necessary to make the determination. Where the proposed action may have a significant effect on the environment, the City Planning Board shall issue a positive declaration and require the submission of a draft environmental impact statement (DEIS). No time periods for decisionmaking in this chapter shall begin to run until either acceptance of a DEIS as satisfactory pursuant to New York State Department of Environmental Conservation regulations or the issuance of a negative declaration.
G.
Referrals.
(1)
The Orange County Department of Planning. Upon receipt of application materials it deems to be complete, the City of Newburgh Planning Board shall refer to the Orange County Department of Planning in accordance of § 239-M of the General Municipal Law, any application for a site plan affecting real property, which shall be accompanied by a full statement of the matter under consideration, as defined herein, within 500 feet of the boundary of:
(a)
The municipal boundaries.
(b)
Any existing county or state park or other recreational area.
(c)
Any existing or proposed county or state roadway.
(d)
Any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines.
(e)
Any existing or proposed county- or state-owned land on which a public building or institution is situated.
(2)
Conservation Advisory Council. The City of Newburgh Planning Board shall refer any site plan application to the Conservation Advisory Commission for review and recommendations. Such referral shall be done so as to allow the CAC at least 30 days, running concurrently within the required sixty-two-day City Planning Board required SEQRA timeframe, to review and return comments.
§ 300-89 Criteria for review.
In reviewing site plans, the City of Newburgh Planning Board, and any City of Newburgh board and/or committee to which the site plan has been referred, shall consider the criteria set forth below. The City Planning Board may also use as approval criteria the Orange County Department of Planning's Orange County Design Manual, Orange County's Watershed Design Guide 2014, and the City's Conservation Advisory Council's Green Infrastructure Guide 2015, and may adapt the recommendations of those documents to the requirements of this chapter.
A.
Layout and design.
(1)
All structures in the plan shall be integrated with each other and with adjacent structures and shall, where practical, be laid out in a pattern that is consistent with the character of the City of Newburgh and/or within the neighborhood in which the development is proposed.
(2)
Structures that are visible from public roads shall be compatible with each other and with traditional structures in the surrounding area in architecture, design, massing, materials, and placement and shall harmonize with traditional elements in the architectural fabric of the area.
(3)
Architectural design shall be in keeping with the character of the City of Newburgh. In general, the design shall avoid flat roofs, large expanses of undifferentiated facades, and long, plain wall sections.
(4)
Where appropriate, setbacks shall maintain and continue the existing setback pattern of surrounding properties.
(5)
The City Planning Board shall encourage the creation of landscaped parks or squares easily accessible by pedestrians.
(6)
Impacts on historic and cultural resources shall be minimized.
B.
Nonpoint source pollution protection plans to achieve the following objectives:
(1)
Natural ground contours should be followed as closely as possible.
(2)
Areas of steep slopes, where high cuts and fills may be required, should be avoided.
(3)
Extreme care should be exercised in areas adjacent to natural drainageways so that their final gradient and resultant discharge velocity will not create additional erosion problems. Construction and post-construction runoff levels should be maintained at or below preconstruction levels at all times.
(4)
Natural protective vegetation should remain undisturbed, if at all possible, and be restored when necessary.
(5)
The amount of time that disturbed ground surfaces are exposed to the energy of rainfall and runoff should be limited.
(6)
The velocity of the runoff water on all areas subject to erosion should be reduced below that necessary to erode the materials.
(7)
A ground cover should be applied sufficient to restrain erosion on that portion of the disturbed area undergoing no further active disturbance.
(8)
Runoff from a site should be collected and detained in sediment basins to trap pollutants which would otherwise be transported from the site.
(9)
The angle for graded slopes and fills should be limited to an angle no greater than that which can be retained by vegetative cover. Other erosion-control devices or structures should be used only where vegetation and grading are not sufficient to control erosion.
(10)
The length as well as the angle of graded slopes should be minimized to reduce the erosive velocity of runoff water.
C.
Landscaping.
(1)
Landscape buffers shall be provided between uses that may be incompatible, such as large-scale commercial uses and residences. Such buffers may include planted trees and shrubs, hedgerows, berms, existing forest land or forest created through natural succession. The width of such buffer areas will depend upon the topography, scale of the uses, and their location on the property but shall normally be between 50 feet and 200 feet.
(2)
Landscaping at all seasons of the year shall be an integral part of the entire project area and shall buffer the site from and/or integrate the site with the surrounding area, as appropriate.
(3)
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. Landscape plants selected should generally be native to the region and appropriate to the growing conditions of the growing environment.
(4)
Insofar as practical, preservation of existing trees over 12 inches in diameter will be attained to the maximum extent possible and other vegetation shall be conserved and integrated into the landscape design plan.
D.
Parking, circulation and loading.
(1)
Roads, driveways, sidewalks and off-street parking and loading space shall be safe and shall encourage pedestrian movement.
(2)
Vehicular and pedestrian connections between adjacent sites shall be provided to encourage pedestrian use and to minimize traffic on existing roads. The construction of connected parking lots, service roads, alleys, footpaths, bike paths, and new public streets to connect adjoining properties shall be required where appropriate.
(3)
(a)
The City Planning Board shall have the authority to reduce the amount of off-street parking required in the underlying zone by up to 25% when it finds that:
(b)
When off-street parking or loading serves two or more uses, whether such uses are on the same lot or on separate lots within 500 feet, the City Planning Board may reduce the number of parking spaces that would otherwise be required for each use upon a determination by the Board that the overall number of spaces to be provided will substantially meet the intent of this article by reason of variation in the probable time of maximum parking demand of each use. In such event, the City Planning Board may condition the site plan approval on certain hours of operation for each use.
(4)
Access from and egress to public highways shall be approved by the appropriate highway department, including City, county, and state.
(5)
All buildings shall be accessible by emergency vehicles.
E.
Reservation of parkland. Before the City Planning Board may approve any site plan containing residential units, such site plan shall also show, when required by such Board, a park or parks suitably located for playground or other recreational purposes.
(1)
The City Planning Board shall not require land for park, playground or other recreational purposes until it has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the City. Such findings shall include an evaluation of the present and future needs for park and recreational facilities in the City based on projected population growth to which the particular site plan will contribute. Such findings shall provide an individualized determination that such required dedication or reservation is related both in nature and extent to the impact of the proposed site plan.
(2)
In the event the City Planning Board makes a finding pursuant to the preceding subsection that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreation purpose, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the City Planning Board may require a sum of money in lieu thereof. In making such determination of suitability, the Board shall assess the size and suitability of lands shown in the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate community. Any monies required by the City Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited in the City of Newburgh Fund for Parkland, to be used by the City exclusively for park, playground or other recreational purposes, including the acquisition of property. Such payment shall be a condition of the site plan approval and shall be assessed in accordance with the site plan recreation fee schedule established under Chapter 163, Fees, of the Code of the City of Newburgh. No site plan shall be signed by the Chairman of the City of Newburgh Planning Board until such payment has been received by the City and receipt therefor provided to the City Planning Board.
F.
Miscellaneous standards.
(1)
Buildings and other facilities shall be designed, located, and operated to avoid causing excessive noise on a frequent or continuous basis.
(2)
Exterior lighting fixtures shall be shielded to prevent light from shining directly onto neighboring properties or public ways, and to minimize light spillage. Light standards shall not exceed 20 feet in height.
(3)
Drainage of the site shall recharge groundwater to the extent practical. The peak rate of surface water flowing off site shall not increase above predevelopment conditions and shall not adversely affect drainage on adjacent properties or public roads.
(4)
Applicable requirements for proper disposal of construction and demolition waste shall be satisfied, and any necessary permits or agreements for off-site disposal shall be obtained.
(5)
No materials shall be placed below the finished grade of a site other than sand, gravel, rocks and soil that are uncontaminated by any solid waste or hazardous materials. Materials that were previously contaminated and have been reconditioned shall not be permitted except that decontaminated material may be used as a base for road or parking lot construction, provided that such decontaminated material does not pollute groundwater or surface water.
(6)
Hazardous material. All hazardous materials are properly stored, treated, and disposed of in accordance with all relevant and applicable local, state and federal requirements.
§ 300-90 Public hearing.
The City of Newburgh Planning Board may, at its sole discretion, hold a public hearing on the site plan in accordance with the procedures presented herein. If the City Planning Board determines that a public hearing is required, the City Planning Board shall hold such hearing within 62 days of accepting a completed application.
A.
At least 10 days prior to such hearing, the Secretary of the City Planning Board shall:
(1)
Mail, by regular mail, at the applicant's expense, a notice in English and Spanish announcing the meeting to all property owners within 500 feet of the exterior boundaries of the property affected by the application.
(a)
The Secretary of the Planning Board arranges for the applicant to obtain the appropriate list from the Assessor's Office, prepares one copy in English and Spanish of the announcement of the meeting and a brief description of the application.
(b)
The applicant prepares the envelopes, stamps them and returns the prepared mailing to the Secretary of the Board with a copy of the list of those to receive the mailing.
(2)
Cause to be published in the official newspaper of the City, a notice (in English and Spanish) of such hearing and of the substance of the application, at the applicant's expense, to be paid in advance.
B.
Prior to said hearing, the Secretary of the Board shall prepare an affidavit of mailing, swearing that the required mailings and publication have been performed, which documents shall become part of the application. The affidavit of mailing will be made available to the applicant to present to the City Planning Board for the record of proceedings.
C.
For the purpose of the mailings required by this section, the term "owner" shall be construed to mean the owner as indicated on the assessment roll of the City of Newburgh.
§ 300-91 Action by Planning Board.
A.
The City of Newburgh Planning Board shall approve, approve with modifications and/or conditions, or deny any application for a site plan within 62 days after a public hearing, or if no public hearing is held, within 62 days of receipt of a final complete site plan application. The time within which the City Planning Board must render its decision may be extended by mutual consent of the applicant and the City Planning Board. Any decision shall contain written findings explaining the rationale for the decision in light of the standards provided herein.
C.
Conditions. In granting site plan approval, the City of Newburgh Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related and incidental to the proposed site plan and may be necessary in the Board's opinion to meet the objectives herein set forth. Upon granting of site plan approval, any such conditions must be met in connection with issuance of permits by applicable enforcement agents or officers of the City. These conditions may include:
(1)
Increasing dimensional or area requirements;
(3)
Specifying location, character and number of vehicle access points;
(4)
Requiring landscaping, planting and screening;
(5)
Requiring clustering of structures and uses in order to preserve environmental resources and minimize the burden on public services and facilities; and
(6)
Requiring performance guaranties to ensure the completion of the project in accordance with the conditions imposed.
D.
Referrals.
(1)
Orange County Department of Planning.
(a)
No action shall be taken on applications referred to the Orange County Department of Planning until either the Orange County Department of Planning has issued its recommendation or a minimum of 30 days and a maximum of up to two days prior to a regularly scheduled meeting where a board will be taking action, have elapsed from the date of the receipt of the complete application, unless the County and City Planning Board agree to an extension of the County's time period for review.
(b)
County disapproval. A majority-plus-one vote of the City of Newburgh Planning Board shall be required to grant any site plan approval which receives a recommendation of disapproval from the Orange County Department of Planning. The City Planning Board shall set forth its reasons for such contrary action.
E.
The decision of the City of Newburgh Planning Board shall be filed in the office of the City Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant. A resolution of either approval or approval with modifications and/or conditions shall include authorization to the City Planning Board Chairman to stamp and sign the site plan upon the applicant's compliance with applicable conditions and the submission requirements stated herein.
F.
If the City Planning Board's resolution includes a requirement that modifications be incorporated in the site plan, conformance with these modifications shall be considered a condition of approval.
G.
If the site plan is disapproved, the City Planning Board may recommend further study of the site plan and resubmission to the City Planning Board after it has been revised or redesigned.
§ 300-92 Implementation, amendment and enforcement of approved site plan.
A.
Implementation. Within six months after receiving approval of a site plan, with or without modifications, the applicant shall submit multiple copies, as specified in the adopted City of Newburgh Planning Board Policies and Procedures available in the office of the Building Inspector, of the site plan to the City Planning Board for stamping and signing.
(1)
The site plan submitted for stamping shall conform strictly to the site plan approved by the City Planning Board, except that it shall further incorporate any required revisions or other modifications and shall be accompanied by the following additional information:
(a)
Record of application for and approval status of all necessary permits from federal, state, and county officials.
(b)
Detailed sizing and final material specification of all required improvements.
(c)
An estimated project construction schedule. If a performance guaranty pursuant to Subsection B is to be provided by the applicant for all or some portion of the work, a detailed site improvements cost estimate shall be included.
(d)
Proof of payment of the City Planning Board's review costs.
(2)
Upon stamping and signing the site plan, the City of Newburgh Planning Board shall forward a copy of the approved site plan to the Building Inspector and the applicant. The Building Inspector may then issue a building permit or certificate of occupancy if the project conforms to all required conditions.
B.
Performance guaranty. A certificate of occupancy shall not be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. The performance guaranty shall be posted in accordance with the procedures specified in § 27-a, Subdivision 7, of the General City Law. The amount and sufficiency of such performance guaranty shall be determined by the City Engineer, and all required forms and security shall be approved by the City of Newburgh Corporation Counsel.
C.
As-built plans and inspection of improvements. No certificate of occupancy shall be granted until the applicant has filed a set of as-built plans with the City Engineer and the Building Inspector, indicating any deviations from the approved site plan. The Building Inspector shall be responsible for the inspection of site improvements, including coordination with the City Engineer, and shall grant a certificate of occupancy upon a finding that the project as built complies in all material respects with the site plan.
D.
Site plan amendments. An approved site plan may be amended by filing an application with the City Planning Board for a site plan amendment.
(1)
If the City Planning Board finds that such proposed amendment is consistent with the terms of any applicable site plan approval and does not represent a substantial change from the approved site plan, it shall grant the amendment.
(2)
If the City Planning Board determines that the proposed amendment is consistent with the terms of the applicable site plan approval but is a substantial change from the approved site plan, it shall require a revised site plan approval process and follow the applicable procedures for site plan approval contained herein.
(3)
If the City Planning Board determines that the proposed amendment is inconsistent with the terms of the site plan approval, it shall deny the amendment, and require a revised site plan approval process and follow the applicable procedures for site plan approval contained herein.
E.
Expiration, renewal, revocation and enforcement.
(1)
Expiration. A site plan approval shall expire if the applicant fails to obtain the necessary building permits or fails to comply with the conditions of the site plan approval within one year of its issuance or if a special use permit with which it is associated expires.
(2)
Renewal. The City of Newburgh Planning Board may extend the time for application for a building permit, for a period not to exceed one year, if, in its opinion, such action is warranted by the particular circumstances thereof. Applications for such an extension/renewal must be received at least 45 days prior to expiration. The City Planning Board may grant up to two one-year renewals/extensions of the site plan approval at its discretion. In considering a site plan renewal, the City of Newburgh Planning Board shall evaluate whether any significant changes to the City of Newburgh's Master Plan or Code of the City of Newburgh have occurred since the issuance of the original approval. Should the City Planning Board determine that the site plan is substantially noncompliant with the City of Newburgh's Master Plan or Code of the City of Newburgh, the City Planning Board may deny the site plan renewal, and the applicant may file an amended site plan application. Site plans that have expired shall not be eligible for renewal.
(3)
A site plan approval may be revoked by the City Planning Board that approved it, upon notice and opportunity to be heard, if the permittee violates the conditions of the site plan approval or engages in any construction or alteration not authorized by the site plan approval.
F.
Violation. Any violation of the conditions of a site plan approval shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.