Pleasant Valley Town
City Zoning Code
City Zoning Code
ARTICLE VI
Subdivision, Special Use Permit and Site Plan Approval
§ 98-66 Approval authorities.
[Amended 6-26-2017 by L.L. No. 3-2017]
Approval of a proposed subdivision or resubdivision shall be obtained from the Planning Board of the Town of Pleasant Valley in compliance with Chapter 82 of the Pleasant Valley Code, Subdivision of Land.
Approval of a proposed special use permit shall be obtained from the Planning Board of the Town of Pleasant Valley in compliance with Chapter 98 of the Pleasant Valley Code, Zoning.
§ 98-67 Special use permits.
[Amended 6-26-2017 by L.L. No. 3-2017]
A special use permit is the authorization of a particular land use that is permitted in the zoning district subject to specific requirements that are imposed to assure that the proposed use is in harmony with the immediate neighborhood and will not adversely affect surrounding properties. The Planning Board shall base special use permit decisions on § 98-70, General standards.
A special use permit application shall be initially submitted to the Zoning Administrator and referred by the Zoning Administrator to the Planning Board for its consideration. No building permit or certificate of occupancy shall be issued by the Zoning Administrator and/or Building Inspector except upon authorization of, and in full conformity with, plans approved, and conditions imposed, by the Planning Board.
§ 98-68 Special use permit applications.
[Amended 6-26-2017 by L.L. No. 3-2017]
The Planning Board shall review and act on all special permit uses in accordance with the procedure specified herein:
Application and fee. All applications made to the Planning Board shall be in writing, on forms and in accordance with the schedule prescribed by the Board, and, in order to be considered complete, shall, except as may be waived by the Board on a case-by-case basis due to the minor nature of the specific request, include the following:
Payment of the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
State Environmental Quality Review Act (SEQRA) environmental assessment form. No application shall be deemed complete without compliance with SEQRA, including, where necessary, a lead agency determination, a negative or positive declaration, and the submission of an acceptable draft environmental impact statement (DEIS), if needed.
Agricultural data statement. An agricultural data statement is required if any portion of the project is located on property within an agricultural district containing a farm operation, or other property with boundaries within 500 feet of a farm operation located within an agricultural district.
§ 98-69 Special use permit review procedure.
[Amended 6-26-2017 by L.L. No. 3-2017]
Public notice and hearing. The Planning Board shall, within 62 calendar days of the receipt of the complete application, as determined by the Board, conduct a public hearing on any such special use permit application. The Planning Board shall provide a copy of the notice of said hearing to the applicant, and at such hearing the applicant shall appear in person or by agent. The Board shall additionally provide notice as follows:
By publishing, at least five calendar days prior to the date thereof, a legal notice in the official newspaper of the Town.
By requiring the Secretary of the Planning Board to provide notice of the public hearing to the owners of all property abutting that held by the applicant and all other owners within 200 feet of the land involved in such application. Notice shall be mailed at least 10 calendar days prior to the hearing, with compliance with the notification procedure certified to by the Secretary or other designated Town employee. The Town shall charge the applicant either a flat rate or a stated amount per notice for satisfying this requirement.
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.
Provided that there has been substantial compliance with these provisions, the failure to give notice to the abutting owners in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with granting or denying a special use permit application.
If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Secretary of the Planning Board shall also mail, at least 10 calendar days prior to the public hearing, to the municipal clerk of such other municipality or municipalities a copy of the official notice of such public hearing.
At least 10 days prior to the initial public hearing, the owner or applicant shall post one or more signs giving notice of the public hearing. A sign shall be prominently displayed within 25 feet of each property line having frontage on a road or highway, so that it is clearly visible to the public from such road or highway. The sign(s) shall be furnished to the applicant for this purpose by the Town.
[Added 7-17-2023 by L.L. No. 4-2023]
Consultant review. In its review of an application for special use permit, the Planning Board may consult with the Town Zoning Administrator and/or Building Inspector, the Superintendent of Highways, the Conservation Advisory Council, the Dutchess County Health Department, other local and county officials and its designated private planning and engineering consultants and professional consultants, in addition to appropriate representatives of state agencies, including but not limited to the Department of Transportation, the Health Department and the Department of Environmental Conservation.
Required referral to Dutchess County Department of Planning and Development.
A full statement of any special use permit application that meets the referral requirements of Article 12B, §§ 239-1 and 239-m, of the General Municipal Law shall also be referred, at least 10 days prior to the public hearing, to the Dutchess County Department of Planning and Development for its review.
No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from said County Planning Department or 30 calendar days have elapsed since the Department received such full statement. In the event that the Dutchess County Department of Planning recommends disapproval of the proposal, or recommends modification thereof, the Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within seven calendar days after such final action, the Board shall file a report of the final action it has taken with the Dutchess County Department of Planning and Development, including a copy of the resolution setting forth the reasons for its decision.
Decisions. Every decision of the Planning Board with respect to a special use permit application shall be made by resolution within 62 calendar days of the close of the public hearing, which resolution shall clearly state the decision, including findings, and any conditions attached thereto. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. Each such decision shall be filed in the office of the Town Clerk within five business days after such decision is rendered. Copies shall also be sent to the applicant and to the Town's Zoning Administrator and Building Inspector.
§ 98-70 General standards.
[Amended 6-26-2017 by L.L. No. 3-2017]
Whenever the Planning Board grants a special use permit, appropriate conditions and safeguards and/or time limitations must be attached thereto so as to guarantee that the use of premises shall not be incompatible with other permitted uses in the vicinity and district in which such property is situated. No such special use permit shall be granted by the Planning Board unless it finds that the use for which such permit is sought will not, in the circumstances of the particular case and under any conditions that the Planning Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare. For each special use permit for each special use, the Planning Board shall determine in its judgment that:
It is reasonably necessary for the public health or general interest or welfare.
It is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
Neighborhood character and surrounding property values are reasonably safeguarded.
The use of the premises therefor will not cause undue traffic congestion or create a traffic hazard.
Any other conditions or standards specified in this chapter are fulfilled.
The Planning Board shall also take into strict account the standards established in Article III for certain uses, applicable supplementary regulations stated in Article IV of this chapter, and the following general objectives for any use requiring authorization by the Planning Board:
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use and the location of the site with respect to existing and future streets and roads providing access shall be in harmony with the orderly development of the district in which the proposed use would be located.
The location, nature and height of the buildings, structures, equipment, walls and fences and the nature and intensity of intended operations will not discourage the appropriate development of adjacent land and buildings or impair the value thereof.
All proposed traffic accessways shall be adequate but not excessive in number; adequate in width, grade, alignment and visibility; sufficiently separated from street intersections and places of public assembly; and meet similar safety considerations.
Adequate provision for safe and accessible off-street parking and loading spaces shall be provided for the vehicles of persons associated with or visiting the use.
All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets or roadways, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing trees to the extent practicable.
All proposed buildings, structures, equipment and/or material shall be readily accessible for fire and police protection.
The character and appearance of the proposed use, buildings, structures and/or outdoor signs shall be in general harmony with the desired historical character and appearance of the Town, shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would the operations of any permitted principal use and shall not adversely affect the general welfare of the inhabitants of the Town of Pleasant Valley.
The use shall meet the prescribed area and bulk requirements for the district in which it is located, or as further specified in the supplementary regulations, including such matters as setbacks, maximum height, required off-street parking, and sign regulations.
The level of services required to support the proposed activity or use is, or will be, available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities, whether private or publicly provided, to accommodate the intended use.
The use shall be carried out in a manner compatible with its environmental setting and with due consideration of the protection of natural resources.
The Planning Board may impose additional conditions and restrictions upon the special use permit as may be reasonably necessary to assure continual conformance with all applicable standards and requirements, including reasonable assurance that these conditions and restrictions can be responsibly monitored and enforced.
The Planning Board may, when reasonable, waive any preestablished requirement for special use permit approval contained in this article, if the Board finds that any such requirement is found not to be requisite in the interest of the public health, safety or general welfare or is inappropriate to a particular special use permit.
Site inspection. Inspections may be made by the Zoning Administrator in accordance with this chapter and by Planning Board members and/or the Town Engineer, as part of the application review. No approval shall be granted if such reasonable inspections are not permitted by the applicant.
§ 98-71 Submission requirements.
[Amended 6-26-2017 by L.L. No. 3-2017]
Statement of use. A written statement, signed by the applicant and by the owner if different from the applicant, describing the following in sufficient detail to determine compliance with the provisions of this chapter, including the use provisions applicable in the district, and to establish the plan and development program basis for review of the special use permit submission, the number of copies as specified by the Planning Board, shall be submitted:
A declaration as to the nature and extent of the proposed use or occupancy.
The number of persons to be employed at, occupy, and/or visit the premises on a daily basis, including the parking and loading requirements for the use.
An estimate of the type of vehicular traffic and number of vehicle trips to be generated on a daily basis and at peak hour.
Disclosure of any toxic or other hazardous materials to be used, stored or processed in connection with the proposed use or occupancy as identified in the United States Environmental Protection Agency list of priority pollutants, Section 3001 of the Resource Conservation and Recovery Act (40 CFR 261) or New York State Environmental Conservation Law Article 27 (6 NYCRR 366).
The name, address and telephone number of the owner of the property and the applicant if not the owner.
The tax parcel number(s) of the property for which application is made and a copy of the Tax Map showing those parcels.
Plan requirements.
A plan or set of plans showing the intended use of the property shall be prepared by a licensed design professional, such as an architect, engineer, or surveyor, at a scale of not less than one inch equals 50 feet.
For the purpose of maintaining accurate and current data for its records and for professional review by its consultants, and to evaluate such data in the context of a geographic information system, the Planning Board may, in its discretion, require that plans, maps and other data required for special permit under this chapter, and all updates and revisions to such plans, maps and data, be submitted in an electronic format in addition to the otherwise required paper submissions.
All submissions shall include the following information:
Vicinity map. A vicinity map or aerial photograph drawn at the scale of 2,000 feet to the inch or larger showing the relationship of the proposal to existing community facilities that may affect or serve it such as roads, shopping areas, schools, etc. It shall also show all properties, subdivisions, streets and easements within 500 feet of the property on which the use for which application is made is proposed to be situated. Such a sketch may be superimposed on a USGS map or aerial photograph of the area.
Boundaries of the property and existing lot lines as shown on the current Tax Map. If the current Tax Map is in error, this condition shall be resolved before final approval is granted.
The North arrow, scale, name and seal of the preparer of the plan, date of preparation and all revision dates, including identification of the item revised.
The names of all owners of record adjacent to the applicant's property.
The location of structures and uses on adjacent properties within 500 feet of the subject lot line.
Existing public streets, easements, or other reservations of land within 500 feet of the applicant's property.
Existing zoning and special district boundaries within 500 feet of the applicant's property.
The location, dimensions, and proposed use of all existing and proposed buildings and structures.
Ground area of buildings and total area by floor.
Measurement of setbacks of buildings.
Any proposed division of buildings into units of separate occupancy.
The location and width of all driveways, exits, and entrances.
The location and design of existing and proposed streets, roads, highways, alleys, culs-de sac, parking areas, and truck/commercial vehicle loading and unloading areas.
The location and boundaries of pertinent natural features that may influence the design of the proposed use such as watercourses, wetlands, one-hundred-year floodplains, soil types, rock outcrops, existing vegetative cover, and single trees (which are not part of a wooded area) eight or more inches in diameter.
Existing topography and proposed grading, at contour intervals of not more than two feet, referenced to the nearest United States government or local approved benchmark, and extending 50 feet beyond the subject property.
The natural vegetation and habitats to be preserved.
Any other information deemed helpful by the applicant or necessary by the Planning Board to explain the nature of the proposed use and its consistency with the standards established by this article for special use permit uses.
§ 98-72 Reimbursable costs.
[Amended 6-26-2017 by L.L. No. 3-2017]
Reimbursable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a special use permit application shall be charged to the applicant. Such reimbursable costs shall be in addition to the required application fee. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and reviewed annually by the Town Board. Said fee schedule shall include the requirement that an escrow account be established upon the Planning Board's receipt of the application to cover the anticipated costs of such consultant review and other expenses.
§ 98-73 Effect of special use permit approval.
[Amended 6-26-2017 by L.L. No. 3-2017]
In addition to compliance with all other applicable provisions of this chapter, and all other local, county and state laws, rules and regulations, no building permit shall be issued for any structure regulated by this article until such special use permit has received the Planning Board's approval and a copy of a resolution to that effect has been presented to the Building Inspector.
No certificate of occupancy shall be issued for any structure or use of land covered by this article until the structure is completed or the land developed in strict accordance with the Planning Board's resolution of special use permit approval and other applicable requirements of this chapter.
Any use for which a special use permit has been granted shall be deemed a conforming use in the zoning district in which it is located, provided that such special use permit shall be deemed to affect only the lot or portion thereof for which such special use permit has been granted.
The Planning Board may require in its resolution of approval that a special use permit be renewed periodically. Such renewal may be withheld only after public hearing and upon specific determination by the Planning Board that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been, or are no longer being, complied with. In such cases, a period of 60 calendar days shall be granted for full compliance by the applicant prior to consideration of the revocation of the special use permit.
§ 98-74 Expiration.
[Amended 6-26-2017 by L.L. No. 3-2017]
A special use permit shall be deemed to authorize only the particular use or uses expressly specified in the permit. The permit shall expire if site plan approval is not applied for and actively pursued, per § 98-83, Expiration of site plan application, within one calendar year of the date of issuance of the special use permit. Upon written request to the Planning Board, including a statement of justification for the requested time extension, the time period to apply and actively pursue the required site plan that would initiate the special use permit use may be extended once for a maximum period of one calendar year from its otherwise specified termination date.
§ 98-75 Revocation.
[Amended 6-26-2017 by L.L. No. 3-2017]
In all instances, including those cited above, a special use permit may be revoked by the Planning Board after public hearing, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations and/or requirements imposed by said special use permit.
§ 98-76 Relief from decisions.
[Amended 6-26-2017 by L.L. No. 3-2017]
Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a special use permit application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceedings shall be instituted within 30 days after the filing of the decision in the office of the Town Clerk.
§ 98-77 Uses for which site plan approval is required.
Site plan approval by the Planning Board is required for all uses specified in Article III, § 98-11, Schedule of Permitted Uses[1] (including change of use), for all special use permit uses in all districts, for expansions of nonconforming uses, and for changes to similar or less nonconforming uses. Before issuance of a building permit or certificate of occupancy for a use requiring site plan approval, the detailed site plan for such use shall be reviewed by the Planning Board, and no development shall be carried out except in conformity with such site plan as accepted and approved by the Planning Board.
[1]
Editor's Note: The Schedule of Permitted Uses is included at the end of this chapter.
§ 98-78 Site plan procedure.
Application to Zoning Administrator.
As provided by § 98-87, application for site plan approval shall be made to the Zoning Administrator prior to:
If, upon receipt of such application, the Zoning Administrator determines that the permit shall not be issued without the approval of a site plan by the Planning Board, the Zoning Administrator shall advise the applicant to prepare an application for site plan approval. The application shall be filed with the Zoning Administrator along with the required fee. Within five days of its receipt, the Zoning Administrator shall forward the application to the Planning Board.
Determination of completeness. The Zoning Administrator, upon receipt of the application, shall determine whether or not the application for site plan approval is complete. The Zoning Administrator may request the applicant to submit such additional information or details and specifications for elements of the site plan that in his or her opinion are necessary for the Planning Board to render a decision on the application. All such decisions of the Zoning Administrator shall be made within 15 days of submission of a site plan application, and shall be made in writing, a copy of which shall be mailed to the applicant.
Action of the Planning Board.
New construction.
Resource analysis and concept plan.
Prior to the submission of a formal site plan application for any new building, an applicant must submit a resource analysis application and participate in an informal discussion with the Planning Board to discuss a concept plan for the proposed application. This will provide an opportunity for the owner and the Planning Board to discuss the appropriate range and intensity of development; the general locations intended for development; areas planned to remain undeveloped; and general access alignment. Prior to submission, the applicant should become familiar with the Town's Comprehensive Plan, this chapter, Town Code, Subdivision Regulations,[1] Dutchess County: Greenway Connections,[2] and SEQR requirements in order to have a general understanding of the process and preferences of the Town.
When sufficient information has been provided to the Planning Board, the Chair of the Planning Board shall set a date for informal review at the next meeting for which sufficient time can be set aside for such informal review. The Planning Board, at its discretion, may request the applicant to make a brief informal presentation of the salient information provided in the informal or concept site plan, at which point the members of the Planning Board may comment on the plan. At the request of the Chair of the Planning Board, members of other advisory review boards may also provide commentary. The public shall be permitted to attend such informal reviews, but shall only be permitted to comment at the discretion of the Planning Board.
Applications for informal site plan review shall be submitted to the Planning Board, the number of copies as determined by the Planning Board. A filing fee as specified by Town site plan fee schedule shall accompany the application. There shall be no statutory time limit for the review of informal applications, nor the need to make a determination of whether the application is complete.
The applicant should be prepared to discuss possible development concepts. The discussion is required to assure that Town development goals are recognized as they may apply to the site in question. This should help expedite the process by getting the review off to a cooperative start, before the applicant has made a substantial investment in the application process.
Submission requirements for resource analysis and concept plan review.
The proposed development name or identifying title, and the words "Town of Pleasant Valley, Dutchess County, New York."
The name of the property owner(s) and the authorized applicant, if different from the property owner(s).
Aerial map at a scale of one inch equals 400 feet, showing the location of the parcel with respect to all streets and property within 1,000 feet of the applicant's parcel and superimposed with ten-foot contours, Pleasant Valley wetlands and buffers, DEC wetlands, NWI wetlands, floodplains, streams, water bodies, and public trails. (Note: This information is available at the Town Hall. However, the applicant may also acquire this information through various sources, including the Dutchess County Department of Planning and Development, at a nominal cost.)
List of natural features known to exist on the parcel, including, but not limited to, historic buildings, stone walls, rock outcrops, significant trees and stands of trees, potential wildlife habitats, and viewsheds. This list is a preliminary step in identifying natural features and is subject to modification and interpretation of the reviewing bodies.
Provide an 8 1/2 inches by 11 inches soils map indicating if prime and/or statewide important soils, as defined by the Soil Survey of Dutchess County New York, exist on the property.
A written statement and rough sketch describing what is proposed, including an indication of all existing structures and uses, if any, on the site.
A copy of any deed restrictions which will be kept on file with the Planning Board.
General subdivision information necessary to explain and/or supplement the aerial map.
Resource analysis and concept plan review procedures. The Planning Board shall discuss the plan concept with the applicant. Together they will determine how the plan can meet the objectives of Town regulations. The Planning Board shall consider the proposed location of the buildings on the site and their relation to: one another, the natural features of the land, the provision of buffer areas and other green Spaces on the site, and the effects on the area views. The Planning Board may make recommendations for modification or redesign to be incorporated by the applicant in the next submission to the Planning Board and indicate to the applicant the priority resources to be preserved. In its review, the Planning Board members may schedule a field visit to the site. When concept plan approval is given, it will allow the applicant to proceed with formal review.
SEQR classification. SEQR classification should be determined by the Planning Board and discussed with the applicant at completion of the concept plan review.
Formal review. Upon a determination of the Planning Board that the applicant has satisfied the requirements of the informal, concept plan review, the applicant will be notified that the site plan can be submitted for formal review.
Alterations and minor modifications.
[Amended 10-12-2011 by L.L. No. 5-2011]
A resource analysis is not required for alterations, as defined in this chapter; provided, however, that the Planning Board shall take action as outlined in § 98-79 below.
An applicant may seek a determination from the Planning Board that the proposed changes to an existing site plan constitute only a minor modification and that compliance with the requirements of § 98-79 is not required. A resource analysis shall not be required for minor modifications.
Upon review of an application for amended site plan approval, the Planning Board may determine that such application qualifies as a minor modification if the application includes no, or only minor, structural changes to the buildings or changes to the grounds, which changes will have no effect on the use, intensity of use, parking, lighting, stormwater drainage, septic requirements, well use or placement, wetland or water body protection, site access, boundary lines or general character of the site.
A change in tenant in a commercial establishment without other changes to the site plan shall not be considered an alteration or a change in site plan unless such change will result in a change in any of the considerations listed in the above recital of considerations. Notwithstanding the foregoing, commercial establishments must notify the Zoning Administrator of any change in tenants for a determination as to whether such change will result in a site plan alteration.
Upon approval of an application for a minor modification by the Planning Board, the applicant shall submit the amended site plan showing the approved changes to the Chair of the Planning Board for his or her signature. The amended site plan shall be effective and such changes in the site plan may be completed upon signature by the Planning Board Chair.
Any amended site plan for which an alteration or minor modification is granted shall expire if all improvements are not completed and if a certificate of occupancy, if required, is not issued within one year of the date of the approval resolution for the amended site plan. Prior to the expiration of an amended site plan approval for a minor modification or alteration, an applicant may apply to the Planning Board for an extension of site plan approval. The Planning Board may grant one such extension for a period of up to one year, provided that the circumstances or conditions upon which such original approval was based have not substantially changed. Any amended site plan application for which one extension has already been granted shall be considered a new application.
§ 98-79 Formal application to Planning Board.
Meeting with the applicant. Upon receipt of the formal application, 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.
Referral to Dutchess County Department of Planning and Development. The Planning Board shall comply with the provisions of Article 12B, §§ 239-l and 239-m of the General Municipal Law, as amended, and refer to the Dutchess County Department of Planning and Development such site plan applications as are within its jurisdiction. When a referral is sent to any agency, it shall indicate the date when a response is due.
Agricultural data statement. An agricultural data statement is required if any portion of the project is located on property within an agricultural district containing a farm operation, or other property with boundaries within 500 feet of a farm operation located within an agricultural district.
Site inspection. Inspections may be made by the Zoning Administrator in accordance with this chapter and by Planning Board members and/or the Town Engineer, as part of the application review. No approval shall be granted if such reasonable inspections are not permitted by the applicant.
Public hearing notice.
Within 62 days of the receipt of a complete application, the Planning Board shall conduct a public hearing. Public notice shall be given by publication in the official Town newspaper at least five days prior to the public hearing. Reports from the Duchess County Department of Planning and Development and any other reviewing agency shall be read into the record at the hearing.
At the discretion of the Planning Board, the requirement for a public hearing may be waived. If the public hearing is waived, all responses from referrals to reviewing agencies will be read into the record at the final review meeting, before a decision is made.
At least 10 days prior to the initial public hearing, the owner or applicant shall post one or more signs giving notice of the public hearing. A sign shall be prominently displayed within 25 feet of each property line having frontage on a road or highway, so that it is clearly visible to the public from such road or highway. The sign(s) shall be furnished to the applicant for this purpose by the Town.
[Added 7-17-2023 by L.L. No. 4-2023]
Conditions. In acting to approve, with or without modifications, a site plan application, the Planning Board shall attach such conditions and safeguards as it deems necessary to ensure that the purpose and intent of this chapter shall be complied with.
Necessary permits. A record of application for an approval status of all necessary permits from federal, state, county, and Town agencies shall be required before final site plan approval is granted.
Decision. Within 62 days of the close of the public hearing, or of the receipt of the complete application as specified by the Planning Board if no hearing has been held, and after the applicant has had the opportunity of meeting with the Planning Board, the Planning Board shall approve, approve with modification, or disapprove the site plan. The decision of the Planning Board shall be expressed in the report to the Zoning Administrator, which report shall be binding. A copy of said report shall be mailed by certified mail to the applicant at the address indicated on the application. The decision of the Planning Board shall be filed in the office of the Town Clerk. If applicable, a report on the action taken shall also be filed within seven days thereof with the Dutchess County Department of Planning and Development.
Verification. Within 60 days of the date of approval or approval with modifications, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modification required by the Planning Board as a condition of its approval. Upon verification by the Planning Board that the plan complies with the requirements of the Board, the plan shall be endorsed by the Planning Board Chairperson and properly filed with the Zoning Administrator, the Planning Board and the Town Clerk. No building permit shall be issued until compliance with this section is complete.
Appeals. Any disagreement with the Planning Board's interpretation of any provision of this chapter may be appealed to the Zoning Board of Appeals.
§ 98-80 Submission requirements for formal site plan application.
At the discretion of the Planning Board, any of the application requirements listed in this section may be waived or combined as appropriate to the proposed project. The following materials shall otherwise be submitted by the applicant:
State Environmental Quality Review Act (SEQRA) environmental assessment form: No application shall be deemed complete without compliance with SEQRA, including, where necessary, a lead agency determination, a negative or positive declaration, and the submission of an acceptable draft environmental impact statement (DEIS), if needed.
Statement of use: a written statement, signed by the applicant and by the owner if different from the applicant, describing the following in sufficient detail to determine compliance with the provisions of this chapter, including the use provisions applicable in the district, and to establish the plan and development program basis for review of the site plan submission, the number of copies as specified by the Planning Board, shall be submitted:
A declaration as to the nature and extent of the proposed use or occupancy.
Provision to be made for water supply, sewage disposal, solid and liquid waste disposal, drainage and other utilities.
The numbers of persons to be employed at, occupy, and/or visit the premises on a daily basis, including the parking and loading requirements for the use.
An estimate of the type of vehicular traffic and number of vehicle trips to be generated on a daily basis and at peak hour.
Disclosure of any toxic or other hazardous materials to be used, stored or processed in connection with the proposed use or occupancy as identified in the United States Environmental Protection Agency list of priority pollutants, Section 3001 of the Resource Conservation and Recovery Act (40 CFR 261) or New York State Environmental Conservation Law, Article 27 (6 NYCRR 366[1]).
[1]
Editor's Note: 6 NYCRR 366 has been repealed.
The name, address and telephone number of the owner of the property and the applicant if not the owner.
The tax parcel number(s) of the property for which application is made and a copy of the Tax Map showing those parcels.
Site plan:
A site plan or set of plans showing the intended use of the property shall be prepared by a licensed design professional, such as an architect, engineer, or surveyor, at a scale of not less than one inch equals 50 feet.
For the purpose of maintaining accurate and current data for its records and for professional review by its consultants, and to evaluate such data in the context of a geographic information system, the Planning Board may, in its discretion, require that plans, maps and other data required for special permit and site plan under this chapter, and all updates and revisions to such plans, maps and data, be submitted in an electronic format in addition to the otherwise required paper submissions.
All submissions shall include the following information:
Vicinity map. A vicinity map or aerial photograph drawn at the scale of 2,000 feet to the inch or larger showing the relationship of the proposal to existing community facilities that may affect or serve it such as roads, shopping areas, schools, etc. It shall also show all properties, subdivisions, streets and easements within 500 feet of the property on which the use for which application is made is proposed to be situated. Such a sketch may be superimposed on a USGS map or aerial photograph of the area.
Boundaries of the property and existing lot lines as shown on the current Tax Map. If the current Tax Map is in error, this condition shall be resolved before final approval is granted.
The names of all owners of record adjacent to the applicant's property.
The location of structures and uses on adjacent properties within 500 feet of the subject lot line.
Existing public streets, easements, or other reservations of land within 500 feet of the applicant's property.
Existing zoning and special district boundaries within 500 feet of the applicant's property.
The location and boundaries of pertinent natural features that may influence the design of the proposed use, such as watercourses, wetlands, one-hundred-year floodplains, soil types, rock outcrops, existing vegetative cover, and single trees (which are not part of a wooded area) eight or more inches in diameter.
Existing topography and proposed grading, at contour intervals of not more than two feet, referenced to the nearest U.S. government or local approved benchmark, and extending 50 feet beyond the subject property.
The extent and amount of cut and fill for all disturbed areas, and a soil erosion and sediment control plan, if applicable.
The location, dimensions, proposed use, and design of all existing and proposed buildings and structures.
The location of wells on adjacent properties within 200 feet of the subject property line.
The location and width of all driveways, exits, and entrances.
The location, size, design, materials, and associated lighting of all existing and proposed signs, for informational purposes only. A separate sign permit application is required for all signs proposed for any site.
[Amended 10-12-2011 by L.L. No. 5-2011]
The location, description and design of all existing and proposed site improvements, including pavement, walks, buffers, curbing, fences, walls, screening and recreational facilities.
The location and design of existing and proposed streets, roads, highways, alleys, cul-de-sacs, parking areas, and truck/commercial vehicle loading and unloading areas.
Landscaping plan, showing the natural vegetation and habitats to be preserved, the number, size, types, and locations of all trees and shrubs to be planted, and proposed grass and ground cover areas, and a landscape maintenance plan.
The location and description of existing or proposed sewage disposal system and water supply system, including wells, water lines, valves, hydrants, and storage tanks.
Proposed stormwater drainage system, including existing and proposed drains and culverts.
The location, design and footcandle limits of existing and proposed lighting, power, and communications facilities, including any towers and satellite dish antennas.
The location, type, and design of all solid waste handling facilities.
The location of outdoor storage, if any, and the location and description of all hazardous materials to be used and/or stored on the site.
Lot area in acres or square feet, and measurements of lot boundaries with bearings.
Ground area of buildings and total area by floor.
Measurement of setbacks of buildings.
The amount of building area proposed for retail sale uses, if any.
Any proposed division of buildings into units of separate occupancy.
A bulk regulations table showing the required and proposed bulk regulations as found in Article III, § 98-12, Schedule of Area and Bulk Requirements,[2] and including the required and proposed parking as found in §§ 98-41, Off-street loading, and 98-42, Off-street parking.
[2]
Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
A signature block for Planning Board endorsement of approval.
The North arrow, scale, name and seal of the preparer of the plan, date of preparation and all revision dates, including identification of the item revised.
Architectural plans: Architectural plans of all proposed buildings and structures, and signs and outdoor illumination facilities shall be submitted unless otherwise provided in connection with the site plan, as applicable to the particular application. These plans may be preliminary in form but shall include exterior elevation drawings, floor plans and perspective drawings in sufficient detail to indicate the exterior building materials, color, height, bulk, stories, roofline, ornamentation and general character, and the interior uses of the floor area, all prepared, except for drawings for signs, by an architect or professional engineer licensed to practice in the State of New York; the number of copies as specified by the Board shall be submitted. All revisions shall be numbered, dated and notated.
Traffic impact report: For proposed site development involving 50 or more new parking spaces or proposed uses projected to generate either more than 200 vehicle trips per day or more than 100 vehicle trips per day per 1,000 square feet of floor area, a traffic impact report shall be prepared by a licensed engineer recognized as a traffic engineer. This report should indicate the expected average daily vehicular trips and peak-hour volumes to be generated by all of the uses on the lot and the access conditions at the lot, distribution of such traffic to be generated, types of vehicles expected, effect upon the level of service on the street giving access to the lot and at nearby intersections and recommended access and street improvements to avoid congestion and provide safe and convenient access, taking into account the site-generated trips and the traffic on the street and at nearby intersections projected to the date of occupancy of the site.
Applicant notice to property owners:
Evidence that the applicant has given notice of the filing of the application for permit to the owners of all lots adjoining and across the street from the lot to which the application pertains. The owners and their addresses shall be as listed on the latest property tax assessment roll of the Town, and the notice shall be in form prescribed by the Planning Board. The evidence shall consist of no less than a copy of the notice, a list of the owners, and their addresses, to whom notice was sent and signed receipts of hand delivery or of United States Postal Service certified mail delivery.
The Planning Board may provide that the application be further advertised in such manner as it deems most appropriate for full public consideration of such plan, including requiring a sign on the site notifying the public of the application and the date of the public hearing, if applicable.
Consistency with concept plan: The formal application for new construction should be consistent with the results of the concept plan and/or should specify how and why a change from the concept plan was necessary. Changes include any change in the location or size of conservation areas; any change in the location, configuration, size, or design of lots and streets (if any), driveways, parking lots, buildings, or any other structures or paved areas; any change in use; and any change in the total building coverage or lot coverage.
Phasing: for projects involving more than one phase, a site plan indicating ultimate development of the entire property.
Restrictions: a copy of any covenants or deed restrictions for any part of the property.
Permits: identification of all necessary permits from federal, state, and county agencies and proof of special use permit approval if applicable.
Other: other information as required by the Planning Board to assist in the review of the site plan.
Fees:
Appropriate fees as set and specified in the Town fee schedule.
Where the Planning Board uses the services of a consultant to review the application, the applicant shall pay the cost of such services. The amount of the payment shall be the actual cost to the Town. The Planning Board shall require the applicant to make periodic monetary deposits on account to the Town. The Planning Board Secretary shall maintain records concerning such deposits on account by the applicant. All charges for such consulting services shall be paid before the final plan is endorsed by the Planning Board Chair.
§ 98-81 Standards for site plan approval.
General. In acting on any proposed site plan submission, the Planning Board shall take into consideration the requirements of the Comprehensive Plan and any supplements adopted by the Board, as well as the Official Map as it may be adopted by the Town Board. Site plans shall conform to all other provisions of this chapter and to the standards specified.
Nonresidential development located in the Hamlet Districts (H-PV, H-SP, H-WH), the Mixed Use Commercial District (MC), and in areas of the Office/Industrial District (OI) that are immediately adjacent to a Hamlet or Mixed Use Commercial District is also subject to the site design and architectural standards outlined in § 98-47.
Neighborhood. The site plan and architectural plan shall harmonize with the historic character of the Town, provide a transition in character between areas of unlike character, protect property values, and enhance the appearance and beauty of the community.
Access and circulation. Provision shall be made for vehicular, bicycle and pedestrian access to the lot and circulation upon the lot in such a manner as to safeguard against hazards to traffic and pedestrians in the street and upon the lot, to avoid traffic congestion on any street and to provide safe and convenient circulation upon the lot. Access and circulation shall also conform to the following:
The street giving access to the lot shall have traffic-carrying capacity and roadway improvements and traffic management facilities that are sufficient to accommodate the amount and types of traffic generated by the proposed use, taking into account access to existing uses along the street and existing traffic projected to the date of occupancy of the site. Roadway, traffic management and other deficiencies in the street giving access, which result in congestion or impairment of safety and convenience, may be remedied by the applicant if authorized by the owner of the street.
Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision may be made for turning lanes, traffic directional signals, frontage road driveways and traffic controls within the street.
Access driveways shall be of a design and have sufficient capacity to avoid queuing of entering vehicles within any street.
Driveways into the lot shall not exceed a grade of 8% and shall meet the street line and travelway of the street with proper transition grades and sight lines for safe, convenient and efficient access and in such a manner as to conform to the established cross section for the street.
Where topographic and other conditions are reasonably usable, provision shall be made for circulation driveway connections to adjoining lots of similar existing or potential use when such driveway connection will facilitate fire protection services and/or when such driveway will enable the public to travel between two existing or potential uses, open to the public generally, without need to travel upon a street.
No more than one driveway connection from any lot to any one street is encouraged. Separate entrance and exit driveways shall be discouraged and may only be provided where necessary to safeguard against hazards and to avoid congestion. Additional driveway connections may be provided, particularly for, but not limited to, large tracts and uses of extensive scope, if traffic flow in the street will be facilitated by the additional connection.
Bike racks should be provided where applicable.
Existing streets. Where the lot has frontage on an existing street, proper provision shall be made for grading and improvement of shoulders and sidewalk areas within the right-of-way of the street and for provision for curbs and sidewalks in accordance with the pattern of development along the street. Where necessary to provide for suitable access or for a system of neighborhood circulation streets, provision shall also be made for appropriate continuation and improvement of streets terminating at the lot where the use is to be located.
Parking and loading. Off-street parking and truck loading spaces shall be provided in accordance with Article IV.[1] Whenever possible, area on the lot shall be provided for any truck maneuvering necessary to use off-street truck loading spaces. Truck loading spaces and maneuvering areas shall have dimensions sufficient to accommodate the type and size of trucks expected at the premises.
Drainage. Provision shall be made on the lot for the management of stormwater, including collection, detention and disposal thereof, in the following manner:
To assure the usability of off-street parking and loading spaces.
To avoid hazards to pedestrians and vehicular traffic on the lot and in any street.
To avoid stormwater flow across sidewalks and other pedestrian ways.
To protect watercourses and wetlands from pollution, erosion and sedimentation.
To avoid an amount of discharge and time of concentration of flow beyond the capacity of downstream drainage channels.
To avoid downstream flooding.
Soil erosion and sediment control. Provision shall be made for soil erosion and sediment control, prior to commencement of construction and during and upon completion of construction, in accordance with the current edition of Soil Erosion and Sediment Control Guidebook, published by the Dutchess County Soil and Water Conservation District, and Town of Pleasant Valley Chapter 74, Stormwater Management and Erosion and Sediment Control.
Wetlands and watercourses. Where wetlands and/or watercourses are located on or adjacent to the lot, provision shall be made for their protection in a natural state unless modification is approved by the Planning Board. Wetlands, water bodies and watercourses are subject to regulatory jurisdiction of the Town of Pleasant Valley Chapter 53, Wetland, Water Body and Watercourse Protection, and any applicable county, federal, or state agency, prior to site plan approval.
Special flood hazard areas. When any part of the lot is located within an area of special flood hazard, the site plan shall conform to the requirements of Chapter 50, Flood Damage Prevention.
Habitat protection goals. All plans shall take into consideration the Town's goals to protect large, contiguous tracts of land and natural habitat connections, as outlined in the Policy Area: Environment, Greenspaces, and Farmland Protection in the Town of Pleasant Valley Comprehensive Plan.
Water protection. All plans shall be in conformance with § 98-53, Water protection, when applicable.
Fire protection. Proper provision shall be made for fire protection facilities and access, taking into account any recommendations from the Chief of the Fire Department serving the Town of Pleasant Valley, and including the following:
Suitable location for and access to fire hydrants and/or fire ponds and other water storage.
Suitable access to buildings and open storage areas for operation of fire protection vehicles and equipment.
Sufficient controls on traffic and parking to permit access by fire protection vehicles in emergencies.
Adequate circulation driveways within the lot, coordinated with access to other lots, to permit access by fire protection vehicles.
In order to minimize expansive turning radii, overly wide roads, and large areas of pavement for the sole purpose of providing access for emergency vehicles, techniques such as mountable curbs and interconnected streets systems should be utilized wherever possible.
Sanitation. Provision shall be made for water supply, sewage disposal, control of wastes and protection of water quality in accordance with the following criteria:
Proper provision shall be made for the water supply and sewage disposal requirements of the proposed use. When on-site systems are to be used, such systems shall be designed and constructed in accordance with applicable county and/or state law, and the design concept and layout for such systems shall be approved by the Dutchess County Department of Health prior to approval of the site plan. Approval of the site plan may be conditioned upon such Department's approval of the final design of the system.
Proper provision shall be made for the collection, storage and disposal of solid and liquid wastes accumulated in connection with the proposed use and for control of litter by means of receptacles, fences, programs for site maintenance and cleaning and other means approved by the Planning Board.
The site plan shall demonstrate how any toxic or hazardous substances are to be managed in accordance with applicable law and so as to avoid danger to the public health and degradation of surface and ground waters and wetlands.
Proper provision shall be made for any aboveground or in-ground storage of fuels and deicing salts and chemicals in a manner that protects groundwater aquifers having potential for significant water supply.
Trail easements. The Board may require a trail easement, where appropriate, to facilitate plans for a Wappinger Creek public trail as outlined in the Town Comprehensive Plan.
Landscaping. Landscaping shall be provided and permanently maintained on the lot and shall conform to the following standards:
All areas of the lot not covered by buildings and other structures, open storage and approved paving shall be suitably landscaped with trees and/or shrubs, lawns or other suitable landscaping or shall be left as natural terrain if not disturbed by filling, grading or excavation.
Landscaping, including grading, provided in the front yard area of the lot shall be of a type, size and height as to avoid obstruction of minimum sight lines along the street as well as from access driveways onto the street, whether the driveway is located on the lot or any other lot.
Lighting. The location, height, design, direction and brightness of outdoor illumination (area lighting, floodlighting and illumination of signs) shall conform to the following:
To provide sufficient illumination for safety, convenience and security, without overcompensating and providing overly lit surroundings.
To avoid sky glow by focusing all light downward below the horizontal plane.
To safeguard against discomfort and glare in any street and upon pedestrian ways and vehicular parking, loading and circulation areas on the lot where located or any other lot.
To harmonize with the neighborhood and avoid trespass illumination on any other lot.
Signs. Any signs to be established on the lot shall be part of the site plan submission and shall conform to the standards of § 98-46.
Buildings and structures. Buildings and other structures shall have an exterior design, including finish and color, that conforms to § 98-47. The exterior walls of any building that are visible from any street or any other lot shall present a finished appearance by means of materials consistent with the design of the building as a whole. No mechanical equipment located on the roof of a building shall be visible from any street unless such equipment is housed or screened from view in a manner consistent with the architectural design of the building.
Nonconformity. After a public hearing as provided in § 98-79E, the Planning Board may approve a site plan authorizing the erection, moving or alteration of buildings and structures on a lot having existing site development which fails to conform to the standards for this article and/or authorizing continuation, enlargement, extension, moving or reconstruction of existing site development which fails to conform if the Planning Board finds that the following standards are met:
The proposed construction will result in a general improvement of the lot with regard to safe access, sight lines along streets, suitable drainage and adequate landscaping.
Nonconforming signs and lighting will be brought into a conforming or more nearly conforming condition.
Adequate provision is made for landscaping abutting nonbusiness districts.
There shall be no increase in the nonconformity of buildings and other structures and site improvements.
A stormwater pollution prevention plan ("SWPPP") shall be approved by the Planning Board prior to any site plan obtaining approval. The SWPPP shall meet the performance and design criteria and standards as set forth in § 98-48.1 of the Zoning Code of the Town of Pleasant Valley.
[Added 8-11-2010 by L.L. No. 2-2010]
§ 98-82 Surety.
The applicant may be required to provide a letter of credit or other form of surety approved by the Town Board in sufficient amounts and duration to cover the full costs of required infrastructure and improvements to assure that all infrastructure and improvements underlying all streets or other public places shown on the site plan shall be suitably graded and paved and that street signs, sidewalks, street lighting standards, curbs, gutter, retaining walls, street trees, water mains, fire alarm signal devices, including necessary ducts and cable or other connecting facilities, sanitary sewers and storm drains or combined sewers or other public improvements proposed shall all be installed in accordance with standards, specification and procedures acceptable to the appropriate Town departments and in the case of lots proposed to be created by subdivision where the Planning Board reasonably believes that there is a risk of erosion or runoff if the proposed infrastructure and improvements are not timely completed. The form of the bond as secured by the letter of credit or other form of security shall be approved by the Town's attorney. The need for a letter of credit and its amount shall be approved by the Town Board, with the recommendation of the Planning Board and in accordance with Town Law § 274-a(7).
§ 98-83 Expiration of site plan application.
Failure of an applicant to pursue an application either through an appearance before the Planning Board or submission of written materials in response to requests or questions from the Planning Board for a period of one year from the last date of any such action on an application shall be deemed a withdrawal of application. Any future action thereon shall be deemed a new application, subject to all rules and regulations in effect at such later date. The Planning Board, may in its discretion, waive a subsequent filing fee upon such application, but may not waive the application of any new rules and regulations promulgated during the period subsequent to the initial filing.
§ 98-84 Expiration of site plan approval; extensions.
[Amended 10-12-2011 by L.L. No. 5-2011]
Unless otherwise specifically set forth by the Planning Board in connection with its approval of a site plan, such approval shall expire if substantial construction is not completed within one year of the date of the site plan approval resolution, or if all required improvements are not completed within three years of the date of the approval resolution, or if the construction or use shall cease for a period of 12 or more consecutive months.
Prior to the expiration of the site plan approval, an applicant may apply to the Planning Board for the extension of site plan approval. The Planning Board may grant one such extension for a period of up to one year, provided that the circumstances or conditions upon which such original approval was based have not substantially changed. Any site plan application for which one extension has already been granted shall be considered a new application.
§ 98-85 Planning Board initiative.
The Planning Board may, on its own initiative, propose a general or specific site plan for a particular area where a site plan approval may be required in the future, using the requirements of the schedules of regulations and this chapter as a guide.
§ 98-86 Recreation fees for site plans.
Purposes.
New York State Town Law § 274-a(6) grants to towns the authority to impose recreation fees on site plans containing residential units. Therefore, the Town resolves to impose recreation fees on such residential development.
Applicable state law requires the Planning Board, or such other administrative body, to make a number of findings before recreation fees may be imposed upon any new site plan containing residential units. First, the Planning Board, or such other administrative body, must find that a proper case exists for requiring that a park or parks be suitably located within the Town. This finding must include an evaluation of present and future needs for recreational facilities based on projected population growth and the effect on such growth of the specific application being considered by the Planning Board, or such other administrative body. Second, if the Planning Board, or such other administrative body, finds that the application being considered presents a proper case for requiring a park, but that a suitable park cannot be located on the site plan, then the Planning Board, or such other administrative body, may require the payment of a sum of money instead of land for a park.
In order to assist the Planning Board, or such other administrative body, in making its findings, the Planning Board, or such other administrative body, should consider the following factors:
The Town Board is responsible for adopting a comprehensive plan for the Town and a zoning ordinance; and
The Town Board maintains the parks and recreational facilities already existing in the Town, maintains a Recreation Department and funds that Department and the programs it operates, and
The Town Board notes that dedications of land for park purposes in each residential site plan could lead to a disjointed system of parks, difficult to maintain and of little recreational value for the Town as a whole; and
The Town Board has undertaken to develop parks and recreational facilities in a more centralized manner to better plan for access, parking, maintenance and other factors associated with such parks.
Dedications. In the event that the parcel(s) contain land that facilitates a Wappinger Creek trail, the Planning Board may require a trail easement to satisfy the recreation requirement.
Imposition and amounts of fees.
In the event that the Planning Board, or such other administrative body, issues findings that recreation fees are to be imposed in lieu of park land, then the Planning Board, or such other administrative body, shall recommend to the Town Board the number of units upon which the recreation fees are to be imposed.
The recreation fees shall be imposed pursuant to the most current Schedule of Fees maintained by the Town. The Town Board shall have the sole responsibility and authority to impose such fees.
These fees shall be imposed by the Town Board and shall be a condition to the signing of a site plan or plat by the Chair of the Planning Board, or the Chair of such other administrative body. These fees shall be paid in full to the Town before the signing of a site plan or plat by the Chair of the Planning Board, or the Chair of such other administrative body.
In the event that a site plan application is made for a parcel which already has residential units on it, the recreation fee imposed shall be based upon the total number of units approved on the site plan, less the number of existing units.
The Town shall maintain a dedicated Recreation Trust Fund, as required by New York State Town Law, into which such recreation fees shall be deposited and maintained, to be used exclusively for park, playground or other recreational purposes, including the acquisition of property, and as may be provided by law. Withdrawal and expenditure of any amount from such trust fund shall be authorized as required by law.
Following the imposition of recreation fees by the Town Board, the Town Clerk shall send a notice to the party who owes such fees informing the party of the amount due and directing that payment be delivered to the Town Clerk's office, by a check separate from any other fees due, receipt and collection of which shall be a condition precedent to the signing of the site plan or plat by the Chair of the Planning Board, or the Chair of such other administrative body.