Pierrepont Town City Zoning Code
ARTICLE V
Site Plan Review
§ 205-22 Site plan review.
A.
Authority. This section of the land use regulations is enacted under the authority of § 274-a of New York State Town Law to protect the health, safety and general welfare of the inhabitants of the Town. No building permit shall be issued by the Code Enforcement Officer for uses requiring site plan review except upon authorization of and in conformity with the plans approved by the Planning Board.
B.
Purpose. This chapter requires site plan review for potentially significant and nuisance-prone development projects. The site plan review regulates the design and layout of development projects in a manner which considers the following concerns and, where necessary, requires modification of development proposals to eliminate or minimize potential problems and nuisances. The principal areas of concern are:
(1)
The balancing of landowners' rights to use their land, with the corresponding rights of neighboring landowners to live without undue disturbances from nuisances in the form of noise, smoke, fumes, vibration, dust, odor, glare and stormwater runoff;
(2)
The safety and convenience of vehicular and pedestrian movement within the site, and in relation to adjacent areas or roads;
(3)
The protection of state designated historic features and natural resources on the site under review, and in adjacent areas; and
(4)
The use shall be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the Town and will not be detrimental to the orderly development of adjacent areas.
C.
Jurisdiction. Generally, only commercial, industrial and multifamily residential uses require site plan review. The following uses are exempt from site plan review: one- and two-family dwellings, mobile homes on individual lots, home occupations, maple production and sales, cemeteries, public recreation, public uses, forestry uses, agricultural uses and most accessory structures or uses. The only accessory structures requiring site plan review are solid fences over six feet in height and storage structures greater than 500 square feet in size. All other uses require site plan approval prior to issuing a building/zoning permit.
D.
Procedure.
(1)
Sketch plan. An optional sketch plan conference may be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of the development proposal prior to the preparation of a detailed site plan; and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan and address environmental concerns as required by SEQR. In order to accomplish these objectives, the applicant should provide the following:
(a)
A statement and rough sketch showing the locations and dimensions of existing and proposed structures, wells, waste disposal systems, parking areas, access drives, signage, and anticipated changes in the existing topography and natural features;
(b)
A sketch or map of the area which clearly shows the location of the site and nearby properties, land uses, street rights-of-way, easement and other pertinent features.
(2)
Application for site plan review. An application for site plan approval shall be made to the Code Enforcement Officer and shall be accompanied by information contained on the following check list where applicable. When a sketch plan conference was held, the accompanying information shall be drawn from the following checklist as determined necessary by the Planning Board.
(a)
Site plan checklist.
[1]
Title of drawing, including name and address of applicant, landowner(s) and person responsible for preparation of such drawing;
[2]
North arrow, scale and date;
[3]
Boundaries of the property plotted to scale;
[4]
Existing watercourses;
[5]
Grading and drainage plan, showing existing and proposed contours and where stormwater will leave the site;
[6]
Locations, designs, types of construction, setbacks from lot lines, proposed uses and exterior dimensions of all buildings;
[7]
Locations, designs and types of construction of all parking and truck loading areas, showing access and egress;
[8]
Provision for pedestrian access;
[9]
Location of outdoor storage, if any;
[10]
Locations, designs and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences;
[11]
Description of the method of sewage disposal and locations, designs and construction materials of such facilities;
[12]
Locations of fire hydrants;
[13]
Locations, sizes, designs and types of construction of all proposed signs;
[14]
Locations and proposed development of all buffer areas and screening, including existing vegetative cover;
[15]
Locations and designs of outdoor lighting facilities;
[16]
Identification of the locations and square footage of building areas, to determine parking needs;
[17]
General landscaping plan and planting schedule;
[18]
An estimated project construction schedule;
[19]
Other elements integral to the proposed development as considered necessary by the Planning Board.
(3)
Code Enforcement Officer action on the site plan.
(a)
The Code Enforcement Officer shall determine the completeness of any application made for site plan review and shall notify the applicant within 10 days of the date of application submission if such application is incomplete or deficient in any way, and shall further specify the deficiencies.
(b)
The Code Enforcement Officer shall certify on each site plan whether or not the plan meets the requirements of all zoning provisions other than those of this section regarding site plan review.
(c)
Upon determination that the application is complete, the Code Enforcement Officer shall transmit copies of the application to the Planning Board. If a special use permit is also required, copies of that application shall also be transmitted to the Planning Board.
(4)
Public hearing. The Planning Board may schedule and hold a public hearing on the site plan if considered desirable by a majority of its members. Such hearing shall be held within 62 days of the receipt of a complete application submission and shall be advertised in the Town's official newspaper at least five days before the public hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5)
Referral.
(a)
The approval of a proposed site plan constitutes a special authorization within the local zoning regulations. The application is, therefore, subject to referral by the Town to the County Planning Board in accordance with the requirements of § 239-m of the General Municipal Law prior to final action. Referral is necessary should the property of the site plan be located within 500 feet of the following:
[1]
The boundary of any village or Town.
[2]
The boundary of any state park or other recreation area.
[3]
The right-of-way of any county or state highway, throughway, expressway or other controlled-access highway.
[4]
The right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
[5]
The boundary of any county- or state-owned land on which a public building or institution is located.
[6]
The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law, except this subsection shall not apply to the granting of area variances.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
If the County Planning Board has not acted on the referral within 30 days, the Planning Board may proceed as if the County Planning Board had approved the referral.
E.
Planning Board decision.
(1)
The Town Planning Board shall render its decision within 62 days following receipt of a complete application for site plan approval, or if a public hearing is held, within 62 days from the time of the hearing. The Planning Board's final action, rendered in writing, shall consist of either:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Approval of the site plan based upon a determination that the proposed plan will constitute a suitable development and is in compliance with the standards set forth in this section;
(b)
Approval of the site plan subject to any conditions, modifications and restrictions as required by the Board which will ensure the project meets the standards for review; or
(c)
Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in this section, and stating such deficiencies.
(2)
Notice of the Board's decision shall be given in writing to the applicant, Town Clerk and Code Enforcement Officer.
(a)
Upon approval of the site plan and payment by the applicant of any and all fees due to the Town, the Planning Board shall endorse its approval by authorizing the acting chairperson to sign the final site plan as proof of approval and forward copies to the applicant, Code Enforcement Officer, and Town Clerk.
(b)
Upon disapproval of site plan, the Planning Board shall so inform the Code Enforcement Officer and the Code Enforcement Officer shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. Such disapproval shall be filed with the Town Clerk. In such cases the applicant's recourse is to either modify the site plan and resubmit it for review or apply to the supreme court for review of the decision.
(3)
The time within which a decision must be rendered may be extended by mutual consent of the applicant and the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Standards for review of site plans. The Planning Board's review of the site plan's design and layout shall include, as appropriate, but is not limited to the following general considerations:
(1)
Compatibility. The design and layout of the proposed use shall not have a detrimental affect on adjacent uses or the orderly development of the area. Outdoor waste disposal, service and storage areas shall be visually screened from adjacent residences.
(2)
Traffic.
(a)
The proposal shall provide safe and convenient movement of vehicular and pedestrian traffic within the site and in relationship to adjoining roads, driveways, and properties.
(b)
Furthermore, all proposed traffic access and driveways shall be adequate but not excessive in width, grade, alignment and visibility; not located too near street corners; and other similar safety considerations. A traffic study may be requested for proposals involving more than 40 parking spaces to help evaluate traffic impacts and mitigating hazards.
(3)
Parking and loading. Adequate off-street parking and loading spaces shall be provided consistent with § 205-15, Off-street parking and loading requirements, to prevent safety hazards from parking on public streets or disrupting traffic flow on adjacent roads, and that the interior vehicle circulation system is adequate to provide safe accessibility to all required off-street parking areas.
(4)
Town services. The proposal shall not place unreasonable demands on Town services and facilities (e.g., fire protection, public roads, road maintenance and snow plowing, recreational facilities, etc.).
(5)
Drainage. The proposal shall provide adequately for stormwater and drainage facilities such that site runoff will not run onto roads or cause nuisance conditions for neighbors, lead to ponding or excessive erosion.
(6)
Exterior lighting. The location, direction, power and time of use for any proposed lighting shall be designed to protect neighbors from undue disturbances and nuisances.
(7)
Pollution control. Methods for sewage and refuse disposal shall comply with the Sanitary Code. All proposals which may lead to increased demands for on-site sewage disposal facilities shall show that such systems are properly functioning and will adequately accommodate increased demands.
(8)
Environmental and historic resources. Environmental resources and state-designated historic features on the site or adjacent to the proposal shall be adequately protected from significant adverse impacts. Soil erosion shall be minimized both during and after construction. The removal and sale of topsoil from the site shall require a permit for commercial excavation.
(9)
Nuisances. Adequate protection of neighboring properties shall be provided from any undue disturbance caused by excessive or unreasonable noise, smoke, vibration, fumes, dust, odors, glare or other nuisance.
(10)
Legal. The proposal shall conform with all provisions of this chapter and applicable regulations of state agencies. No existing zoning violations shall be present on the site.