Niskayuna Town City Zoning Code
ARTICLE VIII
Site Plan Approval
§ 220-39 Empowerment of Planning Board.
The Planning Board is hereby empowered to review, approve, approve with modification or disapprove all site plans as required by § 220-40 of this article.
§ 220-40 Purpose.
The purposes of such site plan review and approval procedures are to:
A.
Ensure adequate adherence and conformance to the various provisions of this chapter.
B.
Ensure that uses of land so affected by these provisions meet design, function and layout criteria established by this chapter that will culminate in development that will protect the health, safety and general welfare of Town residents and are compatible with the intent of the Comprehensive Plan proposals and recommendations.
§ 220-41 Applicability.
[Amended 5-1-1979 by Res. No. 112; 6-24-1980 by Res. No. 186; 10-27-1992 by L.L. No. 8-1992; 7-19-1994 by L.L. No. 7-1994; 3-22-2016 by L.L. No. 1-2016]
A.
General. Except for single-family residences and all associated permitted and accessory uses to such single-family residence, the provisions of this article shall apply to the following:
(1)
All new uses requiring a special use permit or amendment to a special use permit.
(2)
All new or expanded permitted and accessory uses.
(3)
All petitions for amendments to this chapter which contain a proposed amendment to the Zoning Map.
(4)
All applications to alter a nonconforming use.
(5)
All applications for a use variance.
(6)
All additions, deletions and site changes, including changes of tenancy or ownership and changes in the use of any existing building, site, or portion thereof.
B.
Reduced requirements. With respect to existing sites where a change of tenant or owner is being proposed, the Planning Board as part of its site plan review and approval process shall have the discretion to waive or reduce the requirements of this chapter as set forth in Subsection A(8)(d) and (e) above where the applicant demonstrates that the reduction or waiver of said requirement would not adversely impact the abutting properties or neighborhood.
§ 220-42 Transmittal of application to Planning Board.
A.
Zoning Enforcement Officer. As provided in § 220-67F(3) of this chapter, the Zoning Enforcement Officer shall transmit one copy of the application for a zoning and building permit and all related material to the Planning Board as required in § 220-41 above.
B.
Special use permits. As provided in § 220-59 of this chapter, the Town Board shall transmit one copy of the application for a zoning and building permit and related materials to the Planning Board in all applications for special use permits.
§ 220-43 Application material; referrals; notification of meeting; mandatory public hearing.
[Amended 7-19-1994 by L.L. No. 7-1994; 12-22-1998 by L.L. No. 15-1998]
A.
Materials to be submitted. Upon receipt of the application for a zoning and building permit and related material from the Zoning Enforcement Officer or the Town Board as required in § 220-42, the Planning Board may require that the developer submit additional information as follows, which shall be prepared by a licensed engineer, architect, surveyor, land planner or any combination thereof. To the extent practicable, required information may be consolidated on one map.
(1)
A map of the applicant's entire holding at the scale of one inch equals 30 feet, unless the Planning Board determines a different scale to be more appropriate. At the determination of the Planning Board, metes and bounds of the property shall be provided.
(2)
An area map, at a scale to be determined by the Planning Board, showing all properties, subdivisions, streets, watercourses and easements which pass through the property or are known to abut the applicant's property.
(3)
A topographic map, at the scale one inch equals 30 feet, showing existing and proposed contours at two-foot intervals, extending 100 feet onto adjoining properties.
(4)
A preliminary site plan, including the following information:
(a)
The title of the drawing, including name(s) and address(es) of the applicant and owner of record.
(b)
The North point, date and scale (as determined by the Planning Board).
(c)
The name and address of the person, firm or organization preparing the map.
(d)
Boundaries of the property, plotted to scale, with metes and bounds as required by the Planning Board.
(e)
Existing watercourses and direction of drainage flow.
(f)
The location of the proposed use or uses, bulk, height and finished floor elevations of all buildings and location of all parking areas with access drives thereto.
(g)
The location of all existing or proposed site improvements, including drains, culverts, detention areas, retaining walls, fences and final grading contours; existing and proposed water and other utility facilities; a description of the method of sewage disposal and location of such facilities; the location and size of all permitted signs; the amount(s) of building area(s) proposed for retail sales, if any; and existing areas of vegetation and trees.
(h)
An overlay showing areas, if any, with moderate to high susceptibility to flooding or ponding, wetlands, moderate to high susceptibility to erosion and slopes in excess of 15%. For areas with potential erosion problems, the overlay shall also include an outline of existing vegetation.
(5)
A stormwater pollution prevention plan must be prepared in accordance with Chapter 180 of the Town Code of the Town of Niskayuna.[1]
[Amended 4-17-2007 by L.L. No. 4-2007]
[1]
Editor's Note: See Ch. 180, Soil Erosion and Sediment Control.
(6)
A traffic impact analysis to assess the off-site impact of site-generated traffic. This analysis shall be based on a study performed by the applicant using the most recent edition of the Highway Capacity Manual. The results of the corresponding impacts shall be evaluated relative to the computed levels of services at various time frames and durations as defined in the Manual. A plan for mitigating any adverse impacts shall be proposed by the applicant and approved by the Planning Board prior to the issuance of final site plan approval. The traffic mitigation plan shall be based on the results of the traffic impact analysis and shall include proposed improvements, a cost estimate, a construction schedule and the extent of participation by the proposed development.
(7)
For single parcels or contiguous parcels held in common ownership at the effective date of this section, for which only partial development or development in phases is proposed at the time of application, a comprehensive site plan for the entire site showing present and future proposed construction. This plan shall be consistent with the goals and objectives of the Town Comprehensive Development Plan, that is, Plan-93 or its duly adopted successor, and the standards established in this section. Development and construction of the total site may be staged but in accordance with the comprehensive site plan. Subdivision, lease and/or condominium development shall be in accordance with the comprehensive site plan as approved by the Planning Board.
(8)
The following information, at the determination of the Planning Board, may be deferred to final site plan review:
(a)
Landscape plan.
(b)
Snow removal plan.
(c)
Lighting plan.
(d)
Stormwater pollution prevention plan.
[Amended 4-17-2007 by L.L. No. 4-2007]
B.
Mandatory referral to County Department of Planning. Before final action is taken on the application, the Planning Board shall refer one copy of the application and all related materials to the Schenectady County Department of Planning if such referral is mandated by § 239-m of the General Municipal Law.
C.
Compliance with State Environmental Quality Review. The Planning Board shall act in accordance with the State Environmental Quality Review regulations and local law[2] for the purpose of environmental review of the application.
[2]
Editor's Note: For state provisions, see Environmental Conservation Law § 8-0101 et seq.; for local regulations, see Ch. 95, Environmental Quality Review, of the Town Code.
D.
Planning Board contact with the applicant. Upon receipt of a complete application for preliminary site plan approval, the Planning Board shall notify the applicant of the place, date and time of the meeting of the Planning Board at which the application is to be considered and request the presence of the applicant to discuss the application.
E.
Public hearings. The Planning Board may hold a general informational meeting for any use subject to § 220-41. However a public hearing shall be mandatory for any permitted principal use in the C-N Zoning District.
§ 220-44 Review of application.
A.
The Planning Board's review of a preliminary site plan shall include, but is not necessarily limited to, the following considerations:
(1)
Full conformance of the site plan with the regulations of Articles V and VI and all other provisions of this chapter.
(2)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls. Consideration will also be given to the project's impact on the overall circulation system as it relates to adjacent uses.
(3)
The adequacy and arrangement of pedestrian traffic access and circulation, including but not solely limited to separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(4)
The location, arrangement and setting of off-street parking and loading areas.
(5)
The location, arrangement, size and design of buildings, lighting and signs.
(6)
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between these and adjoining properties.
(7)
In the case of multiple-family complexes, the adequacy of usable open space for controlled and informal recreation.
(8)
The adequacy of provisions for the disposal of stormwater, sanitary wastes, water supply for both fire protection and general consumption, solid waste disposal and snow removal storage areas.
(9)
The adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(10)
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(11)
Retention of existing trees for protection and control of soil erosion, drainage and natural beauty.
(12)
In the case of multiple-family complexes, average density developments, planned unit developments and commercial developments, excessive similarity and/or excessive dissimilarity or inappropriateness to any other structures existing or for which a permit has been issued or to any other structure included in the permit application.
[Added 7-6-1976 by Res. No. 214]
B.
In its review, the Planning Board may consult with appropriate Town and County offices and agencies of the state and federal government. The Planning Board shall also conduct a public hearing in the case of applications involving special use permits or amendments to the Zoning Map, and before site plan approval is granted for uses of land in connection with Article VII, Planned Unit Development.
§ 220-45 Modification and waivers.
A.
The Planning Board, in addition to the foregoing section, may require such additional provisions and conditions that appear to promote further understanding of the applicant's proposal and are necessary for the purposes of ultimately protecting the health, safety and general welfare of the Town's residents.
B.
The Planning Board may, at its discretion, judge that certain requirements of this article are not applicable in its approval of a site plan and may therefore allow the applicant to submit only those elements which it deems necessary to the review and approval of the particular application.
§ 220-46 Report on preliminary site plan.
A.
Submission of report.
[Amended 10-27-1992 by L.L. No. 8-1992; 7-19-1994 by L.L. No. 7-1994]
(1)
For site plan review. Upon reaching its decision with respect to the preliminary site plan, the Planning Board shall notify the applicant and the Zoning Enforcement Officer.
(2)
For special use permit. The Planning Board shall hold a public hearing and transmit to the Town Board its report on the preliminary site plan and its recommendation with respect to approval of the special use permit.
B.
Consideration in the report.
(1)
The Planning Board report shall state whether or not the preliminary site plan meets the conditions set forth herein and as required by other Articles of this chapter and other such rules and regulations, codes and ordinances of the Town. If the Planning Board determines that the foregoing is adequately fulfilled, then it shall grant the applicant conditional approval. A copy of the appropriate minutes of the Planning Board may be a sufficient report.
(2)
In the Planning Board's report granting conditional approval, its statement may include requirements as to desirable revisions to be incorporated in the final site plan. If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons for such disapproval. In such case, the Planning Board may recommend further study of the site plan and resubmission of a preliminary site plan following revision or redesign.
§ 220-47 Submission of final site plan.
A.
After receiving conditional approval of a preliminary site plan, the applicant is then authorized, subject to any conditions imposed, to prepare a final detailed site plan for submission to the Planning Board for approval through the Zoning Enforcement Officer or the Town Board in the case of special use permits, except that if more than six months have elapsed between the time of the Planning Board's report on the preliminary site plan or if the Planning Board finds that conditions have changed significantly in the interim period, the Planning Board shall require resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
B.
The final detailed site plan shall conform to the preliminary site plan as approved by the Planning Board.
C.
The final site plan shall incorporate any revisions, conditional qualifications or other features that may have been recommended or required by the Planning Board.
D.
All such compliances shall be clearly indicated by the applicant on the appropriate submission, and it shall be the responsibility of the applicant to clearly explain such required changes to the Planning Board.
§ 220-48 Action on final site plan.
[Amended 10-27-1992 by L.L. No. 8-1992; 7-19-1994 by L.L. No. 7-1994]
A.
Upon reaching its decision, the Planning Board shall notify the Zoning Enforcement Officer and the applicant.
B.
Upon approving an application, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Zoning Enforcement Officer for appropriate action under § 220-67F(1) and (3) of this chapter or to the Town Board for its consideration in the case of special use permits or ordinance amendments. Supporting facts for the approval action shall be included.
C.
If the Planning Board disapproves the application, it shall submit a report, in writing, stating the reasons for such disapproval, to the applicant and to the Zoning Enforcement Officer for appropriate action under § 220-67F(2) and (3) of this chapter or to the Town Board for its consideration in the case of special use permits.
D.
Performance guaranty. The Planning Board may require that public improvements, landscaping and other aspects of any approved site plan application be secured by a performance guaranty in a form and amount satisfactory to the Planning Board. However, the Planning Board shall not be required to accept an offer of guaranty from the applicant in lieu of performance by the applicant if performance is reasonably possible within the appropriate time frame for completion thereof.
E.
Expiration. Final site plan approval shall expire two years after the date of final written approval by the Planning Board unless construction in accordance with the approved plan has begun or an extension of time has been granted by the Planning Board.
[Added 12-16-1997 by L.L. No. 17-1997]
F.
Compliance with final site plan. Any premises receiving final site plan approval from the Planning Board shall be developed and maintained in compliance with the requirements of said approval. An application for site plan review shall not be considered by the Planning Board unless or until the premises are in compliance with the requirements of previous approvals; or, in the opinion of the Planning Board, unless the application proposes to include site changes that eliminate the need to correct the conditions of noncompliance.
[Added 12-16-1997 by L.L. No. 17-1997]