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Newstead City Zoning Code

ARTICLE XII

Site Plan Review

§ 450-82 Intent.

The intent of this article is to set forth additional general standards applying to certain land uses and activities. The nature of these uses and activities requires special consideration of their impacts upon surrounding properties, the environment, community character and the ability of the Town of Newstead to accommodate development consistent with the objectives of the Comprehensive Plan and with this chapter.

§ 450-83 Site plan review required.

All changes in use and/or ownership of improved parcels, applications for building permits, zoning variances or special use permits, except for commercial buildings and/or additions of less than 750 square feet, one-family and two-family dwellings on individual lots and their permitted accessory uses or any addition to a single-family dwelling or a two-family dwelling or general farming use on individual lots or up to two single-family dwellings on a single lot and their permitted accessory uses, shall be accompanied by an approved site plan. No building permit shall be issued until all the requirements of this section and all other applicable provisions of this chapter have been met.
A. 
All areas excepting the Route 5 Zoning Overlay District. All changes in use of improved parcels, applications for building permits, zoning variances, excavation permits, special use permits or proposals for significant regrading for recreational use, seasonal parking or to remediate hazardous waste sites, except for commercial buildings and/or additions of less than 750 square feet, one-family and two-family dwellings on individual lots and their permitted accessory uses or any addition to a single-family dwelling or a two-family dwelling or general farming use on individual lots or up to two single-family dwellings on a single lot and their permitted accessory uses shall be accompanied by an approved site plan. No building permit shall be issued until all the requirements of this article and all other applicable provisions of this chapter have been met.
B. 
Route 5 Zoning Overlay District. All development, redevelopment or improvement of parcels within the boundaries of this overlay district require site plan review and approval except for maintenance or repairs of one-family and two-family dwellings on individual lots and their permitted accessory uses or any addition to a single-family dwelling or a two-family dwelling or general farming use on individual lots or up to two single-family dwellings on a single lot and their permitted accessory uses, such as roofing, siding, door and window repairs or replacement. These requirements are meant to be in addition to the requirements as set forth in Subsection A above and not to limit such requirements.

§ 450-84 Site plan requirements.

Applications for site plan approval shall contain the following:
A. 
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, their ownership, uses, subdivisions, streets, zoning districts, easements and adjacent buildings within 500 feet of the applicant' property.
B. 
A site plan at a suitable scale, including the following drawings, documents and information to be prepared by a New York State licensed professional (engineer, architect or surveyor) qualified to prepare such site plans:
(1) 
The site plan must contain the name of the development, name of the applicant, name and seal of the licensed professional preparing the drawing, North point, scale and date.
(2) 
A boundary survey.
(3) 
A topographical survey based on United States Geological Survey datum to extend a reasonable distance beyond the site.
(4) 
The location and dimensions of existing and proposed easements.
(5) 
Existing natural features such as watercourses, water bodies, wetlands, wooded areas, individual large trees and flood hazard areas. Features to be retained in the development must be indicated.
(6) 
Applicant must identify soil types and characteristics on the site (soil map is on file in the Town Hall) and if soil is determined to be in an area identified as a problem soil type, the results of testing of the soil must be included.
(7) 
The location and design of all on-site or nearby improvements, including drains, culverts, waterlines, sewers, gas and electric lines and poles, bridges, retaining walls and fences with a determination as to the adequacy of such facilities to support the proposed development prepared by a licensed engineer.
(8) 
The location and design of all proposed utilities including water, sanitary and storm sewer systems.
(9) 
The location and design of all streets, off-street parking, loading and service areas, access drives, fire lanes and emergency zones, bicycle and pedestrian ways within and immediately adjoining the site in accordance with the Town of Newstead Standard Specifications. The Town Building Department and the Town Engineer shall have the right to require such other detailed design information as they may deem necessary to properly review the site plan application be submitted for their review prior and the application, and the site plan shall not be accepted until such information is submitted.
(10) 
The location and height of proposed buildings and structures.
(11) 
The location and proposed development of all open spaces including parks, playgrounds, screen planting and other landscaping.
(12) 
The location, size and design of all proposed signs and lighting facilities.
(13) 
The location of outdoor storage, if any.
(14) 
The location and design of all energy distribution facilities, including electrical, gas, solar and wind energy.
(15) 
A grading and drainage plan, showing existing and proposed contours at intervals not more than 2.5 feet.
(16) 
The landscaping plans including type and arrangement of trees, shrubs and other landscaping and indicating what is being retained and shall include a planting schedule.
(17) 
Conformance to any approved federal, state and county plans, if applicable.
(18) 
Lines and dimensions of all property which is offered or to be offered for dedication for public use, with the purpose indicated thereon, and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the development or as dedicated green space.
(19) 
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any federal, state or county permits required for the project's execution.
(20) 
Schematic architectural drawings with elevations.
(21) 
Applicant shall identify all permits required from other agencies and the status of their applications for such permits.
(22) 
If any easements, restrictions, covenants or homeowner's association restrictions or common ownership is contemplated, an outline of such provisions.
(23) 
An estimated project construction schedule.

§ 450-85 Review procedure.

A. 
Prior to submittal of a site plan, it is recommended that the applicant exercise their right to an informal preapplication conference with the Building Department and/or with the Planning Board for the purpose of discussing the proposed project and identifying any concerns prior to incurring design costs.
B. 
Submittal of application to the Building Department.
(1) 
The applicant shall submit an application for site plan review, including site plan and engineering fees in accordance with the Fee Schedule established by the Town Board of the Town of Newstead, along with four copies of the site plan, to the Building Department for its review and review by the Town Engineer. If upon review by the Building Department and the Town Engineer, the Building Department in consultation with the Town Engineer determines that the site plan submitted does not meet the site plan requirements as set forth in the Code and/or the proposed project is not in compliance with the bulk standards as set forth in any applicable overlay zoning district or the other Zoning Law requirements, including but not limited to setback requirements and use limitations set forth in the Code, then the Building Department shall reject the site plan and notify the applicant as to the reason for the rejection. If the reason for the rejection of the proposed site plan submitted is the failure to provide the information required herein, the Building Department shall notify the applicant that the site plan was rejected due to failure to contain required elements and advise them what was missing from the site plan submitted. An amended site plan must be submitted by the applicant meeting those requirements before it is accepted by the Building Department. If the reason for the rejection of the proposed site plan is that the proposed site plan fails to meet the bulk requirements as set forth in any applicable overlay zoning district or does not meet other zoning requirements, including but not limited to set back and use limitations set forth in the Code, the Building Department shall notify the applicant that the site plan does not meet such requirements, reject the application and the applicant shall be advised that they will need to obtain a variance from the Zoning Board of Appeals before the site plan can be accepted by the Building Department.
(2) 
The Building Department, upon receipt of a site plan meeting the general requirements as set forth in Subsection B(1) above and upon payment of required fees, shall immediately transmit one copy of the reviewed application and one copy of the site plan to each of the following: the Planning Board, the Town Planning Consultant/Engineer and such other Town official or board deemed appropriate, retaining one copy for its files. The Planning Board, the Town Planning Consultant/Engineer, and any other Town official or board notified shall review the site plan and submit their recommendations to the Planning Board within 30 days of their receipt of the site plan.
C. 
Submittal of application to the Planning Board.
(1) 
Upon referral of a site plan which has been determined by the Building Department to meet the general site plan requirements to the Planning Board, the Planning Board is hereby authorized to review site plans submitted to the Town in accordance with the requirements set forth in § 450-84. The Planning Board shall not make any determination on the proposed site plan until receipt of comments from the Town Planning Consultant/Engineer and such Town official or board to which the site plan has been referred or until 30 days after the site plan was submitted to them for their comments. It being the intention that such parties be given the opportunity for comment before the Planning Board begins its deliberations. The Planning Board shall then review the site plan following the receipt of comments from the Town Planning Consultant/Engineer and such Town official or board to which the site plan had been referred and within 30 days thereafter make their recommendation to the Town Board as to whether such site plan should be approved or disapproved. Notwithstanding anything to the contrary contained in Subsection C(1) above when there is no modification of existing facility, the Planning Board shall have the authority to approve the site plan and referral to the Town Board is not required.
[Amended 1-27-2014 by L.L. No. 1-2014]
(2) 
If the Planning Board determines that it cannot recommend for approval the site plan as submitted, the Planning Board shall set forth in writing the reasons why it would not recommend approval and suggested modifications, if any, that it would require as a condition of its recommendation of approval. The applicant may agree to make the changes suggested, in which case the Planning Board shall have 30 days to make its recommendation upon receipt of the amended site plan, or request that the Planning Board submit the site plan to the Town Board as submitted with its recommendation against approval.
D. 
Submittal of application to the Town Board. The Town Board, upon receipt of the site plan and the recommendation from the Planning Board shall:
(1) 
Undertake a review as required under the State Environmental Quality Review Act,[1] and if it determines that a coordinated review is required and that it would like to act as lead agency, notify the other involved and interested agencies;
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(2) 
Schedule a public hearing to be held within 62 days of receipt of the recommendation from the Planning Board; and
(3) 
Notify County Planning as required under § 239-m of the General Municipal Law.

§ 450-86 Determination by Town Board.

A. 
Upon receipt of comments from other interested or involved agencies and the recommendation of County Planning and following the public hearing, the Town Board shall make its determination, which must be rendered within 62 days following the public hearing, unless SEQR requirements prevent such approval within such sixty-two-day period, in which case the time to approve shall be extended until 62 days after completion of the SEQR review requirements.
B. 
The Town Board shall then determine:
(1) 
Whether the site plan submitted is conformity with requirements of the Zoning Laws and the Comprehensive Plan of the Town of Newstead;
(2) 
Whether the site plan meets the requirements as set forth in § 450-84, including whether or not the treatment of items contained in § 450-84 is adequate; and
(3) 
Whether the site plan should be approved as submitted, rejected by the Town Board or whether the site plan should be approved with modifications required as set forth in the resolution of the Town Board.
C. 
[1]Expiration of site plan approval. Final site plan approval by the Town Board shall be valid for a period of 18 months from the date of final approval. One extension for commencement of site work or construction can be granted by the Planning Board for a period not to exceed 12 months. If significant site work or construction has not begun within such time period, including any extensions, or if construction ceases for a period of six months and the time period, including any extensions, has expired, then the applicant must apply for a new site plan approval, complying with all requirements of the site plan law then in effect, prior to commencing or continuing construction.
[Added 4-27-2009 by L.L. No. 2-2009]
(1) 
Extensions must be applied for in writing to the Planning Board no later than 30 days prior to the expiration of the original site plan approval and shall be accompanied by the appropriate fee as established by the Town Board from time to time.
(2) 
Upon review, the Planning Board may require minor changes to be made to the site plan in order to comply with changes in the Town Zoning Law. If necessary changes are deemed to be significant, the Planning Board can deny the extension request and require compliance with all requirements of this Article XII.
(3) 
Any site plan approvals previous to the effective date of this Town Code amendment will expire 18 months after the effective date of this subsection, however, applications for a twelve-month extension will be accepted and reviewed by the Planning Board.
[1]
Editor’s Note: Former Subsection C, regarding Town Board site plan decisions and their review, was redesignated as Subsection E on 4-27-2009 by L.L. No. 2-2009.
D. 
Site work completion. Site work commenced prior to the expiration of the site plan approval must be completed within 18 months of commencement, regardless of the site plan expiration. If site work is not completed within 18 months of commencement of work or if significant work ceases for any period of six months and the period of time set forth in Subsection C above, including any extensions, has expired, then the site plan must be reviewed by the Planning Board for compliance with the current Town Code. This review will be subject to the appropriate fees as established by the Town Board from time to time. If the Planning Board determines, following such review, that significant changes are required to comply with the current Town Code, it may require full site plan review and approval in accordance with Article XII of Chapter 450, Zoning, of the Town Code.
[Added 4-27-2009 by L.L. No. 2-2009]
E. 
The Town Board shall render its decision in writing, which decision must be filed in the Town Clerk's office, and direct the Building Department to notify the applicant whether the site plan is approved, disapproved or approved with conditions. Any person having standing that is aggrieved by the determination of the Town Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings must be instituted within 30 days after the filing of the decision by the Town Board in the office of the Town Clerk.