Poestenkill Town City Zoning Code
ARTICLE VIII
Site Plan Review
§ 150-48 Site plan required.
In accordance with Article IV, Use Regulations,[1] prior to the issuance of a building permit or certificate of occupancy or use in any district, except for a one- or two-family dwelling and related accessory or general agricultural uses permitted by right, the Code Enforcement Officer shall require the preparation of a site plan. The Code Enforcement Officer shall refer the site plan to the Planning Board for its review and approval in accordance with § 274-a of the Town Law and the standards and procedures set forth in this article of this chapter.
[1]
Editor's Note: The District Schedule of Use Regulations table is included at the end of this chapter.
§ 150-49 Sketch plan.
A.
A sketch plan conference between the Planning Board and the applicant shall be held to discuss the applicability of the site plan review and approval procedure to the intended development for which the building or use permit is sought.
B.
The Planning Board shall make its determination based upon review of the project's scope and the basic land use and site design concept, as shown by a sketch plan drawn to scale, accompanying statements provided by the applicant, and a description, at a reasonable level of detail, of what is proposed.
C.
At the sketch plan conference, the Planning Board shall take one of three actions:
(1)
Determine that the project is limited in scope, with compatible land use, site and building design characteristics, thus requiring no further review under this article, with such determination restricted to applications pertaining to the establishment of permitted uses within existing complying structures or limited modifications of existing conforming uses and complying structures, wherein no substantial site improvements are either required or proposed. The decision to waive further review requires compliance with the requirements of the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation Law Art. 8.
(2)
Determine that the project does require full review under this article, based upon its scope and/or land use, site and building design characteristics, and advise the applicant of preliminary site plan requirements in accordance with § 150-50 of this article.
(3)
Require additional sketch plan information prior to making a determination regarding the applicability of the site plan review and approval procedure.
D.
In order to assist the Planning Board in its determination, the applicant shall submit, as may be applicable, the data discussed below, during the sketch plan discussion:
(1)
An area map keyed to the real property tax maps, showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 500 feet of the boundaries thereof.
(2)
A map of site topography at no more than ten-foot contour intervals.
(3)
A general statement regarding soil conditions of the site, referencing the applicable Rensselaer County Soil and Water Conservation Service soils study mapping.
E.
To be waived from further review under this article, specifically Subsection C(1) above, the project shall meet the following criteria:
(1)
The change in use shall not negatively impact adjacent landowners.
(2)
All provisions of this chapter and all other applicable regulations and requirements have been adhered to.
§ 150-50 Application for preliminary site plan approval; fee.
[Amended 2-19-2003 by L.L. No. 1-2003[1]]
All applications for preliminary site plan approval shall be made in writing to the Code Enforcement Officer and shall be accompanied by prints for a preliminary site plan, as required by the procedures of the Planning Board, which includes information drawn from the following checklist of items, as determined necessary by the Planning Board at the time of the sketch plan conference, and certified by a licensed engineer, architect, landscape architect and/or land surveyor:
A.
Preliminary site plan checklist.
(1)
Application requirements.
(a)
Title of the drawing, including the name and address of the applicant and person(s) responsible for the preparation of such drawing.
(b)
North arrow, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses.
(e)
Grading and drainage plan, showing existing and proposed contours at an appropriate interval to be specified by the Planning Board at the sketch plan conference, with two-foot contour intervals and soils data generally required on that portion of any site proposed for development where general site grades exceed 5% or where there may be susceptibility to erosion, flooding or ponding.
(f)
Location, proposed use and height of all buildings.
(g)
Location, design and construction materials of all parking and truck-loading areas, with access and egress drives thereto.
(h)
Provision for pedestrian access.
(i)
Location of outdoor storage equipment and materials, if any.
(j)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(k)
Description of the method of sewage disposal and location, design and construction materials of such facilities.
(l)
Description of the method of securing the water supply and location, design and construction materials of such facilities.
(m)
Location of fire and other emergency zones, including the location of the nearest water supply for fire emergencies.
(n)
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(o)
Location, size and design and construction materials of all proposed signage.
(p)
Location and proposed development of all buffer areas, including indication of existing vegetative cover.
(q)
Location and design of outdoor lighting facilities, including data regarding, when appropriate, lighting levels, both within the site and at the site's boundaries.
(r)
Designation of the amount of building area proposed for retail sales, office use or similar commercial activity.
(s)
General landscaping plan and planting schedule.
(t)
Other elements integral to the proposed development, as considered necessary by the Planning Board, including the identification of any state or county permits required for the project's execution.
(u)
A stormwater pollution prevention plan in accordance with the requirements of Chapter 190, Stormwater Management and Erosion and Sediment Control.
(2)
The Planning Board has the right to waive any of the aforementioned application requirements if such requirements are found not to be requisite in the interest of public health, safety and general welfare or inappropriate to a particular site plan.
B.
Required fee. An application for preliminary site plan review and approval shall be accompanied by the applicable fee established by the Town Board pursuant to Local Law No. 1 of the Year 2003.[2]
[2]
Editor's Note: See Ch. 128, Fees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 150-51 Planning Board review of preliminary site plan.
The Planning Board's review of a preliminary site plan shall include, as appropriate, but is not limited to, the following:
A.
General considerations.
(1)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation, walkways, control of intersections with vehicular traffic and overall pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Location, arrangement, size, design and general site compatibility of principal and accessory buildings, lighting and signage.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(8)
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(9)
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of fire lanes and other emergency zones and water supply for fire emergencies.
(11)
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(12)
Compatibility of building design with existing characteristics of the neighborhood.
B.
Consultant review. In its review, the Planning Board may consult with the Town Code Enforcement Officer, Fire Inspector, Fire Commissioners, Conservation Commission, Superintendent of Highways, other local and county officials and its designated private consultants in addition to representatives of federal and state agencies, including but not limited to the Natural Resources Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
C.
Public hearing. The Planning Board may conduct a public hearing on the preliminary site plan. If a public hearing is considered desirable by a majority of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of the application for preliminary site plan approval and shall be advertised in a newspaper of general circulation in the Town at least five days before the public hearing.
D.
County Planning Office referral. If applicable, at least 10 days before such hearing the Planning Board shall mail notices thereof to the Rensselaer County Planning Board in accordance with § 239-m of the General Municipal Law. Such notice shall be accompanied by a full statement of the proposed project. If no public hearing is held, the matter shall be referred to the Rensselaer County Planning Office before final action is taken thereon.
E.
Referral to neighboring municipalities. Pursuant to General Municipal Law § 239-nn, for a site plan permit review under this section involving property located within 500 feet of an adjacent municipality, notice of any public hearing shall be given by mail or electronic transmission to the clerk of the adjacent municipality not less than 10 days prior to the date of said hearing.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 150-52 Action on preliminary site plan.
A.
Within 62 days of the receipt of an application for preliminary site plan approval, or within 62 days of the conduct of a public hearing, whichever shall first occur, the Planning Board shall act on the preliminary site plan. If no decision is made within said period, the preliminary site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether the preliminary site plan is approved, disapproved or approved with modifications.
B.
If the Planning Board's statement includes recommendations or modifications to be incorporated in the final site plan, conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement will contain the reasons for such finding. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
§ 150-53 Procedure for final site plan approval.
A.
After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit to the Planning Board for approval the number and form of prints of the final detailed site plan required by the procedures of the Planning Board. If more than six months have elapsed since the time of the Planning Board's action on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review. In this event, a second public hearing may be scheduled.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
The final detailed site plan shall conform substantially to the approved preliminary site plan. It should incorporate any revisions or other modifications that may have been recommended by the Planning Board in its preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
C.
The following additional information shall accompany an application for final detailed site plan approval:
(1)
A record of application for and approval status of all necessary permits from federal, state and county officials.
(2)
Detailed sizing and final material specifications of all required improvements.
(3)
An estimated project construction schedule.
§ 150-54 Action on final site plan.
Within 62 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to the Code Enforcement Officer. If no decision is made within such sixty-two-day period, the final site plan shall be considered approved.
A.
Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Code Enforcement Officer. The Code Enforcement Officer may then issue a building permit or certificate of occupancy if the project conforms to all other applicable requirements.
B.
Upon disapproval of a final site plan, the Planning Board shall so inform the applicant and Code Enforcement Officer in writing of its decision and its reasons for disapproval. The Code Enforcement Officer shall deny a building permit or certificate of occupancy or use to the applicant.
C.
Decisions. The decision of the Planning Board shall be filed within five days in the office of the Town Clerk and a copy thereof mailed to the applicant.
§ 150-55 Reimbursable costs.
[Amended 2-19-2003 by L.L. No. 1-2003[1]]
Reasonable costs incurred by the Planning Board for private consultation fees or other expenses in connection with the review of a proposed site plan shall be charged to the applicant as authorized and required by Local Law No. 1 of the Year 2003.[2] Such reimbursable costs shall be in addition to the fee required in § 150-50B herein. The applicant may appeal such costs to the Town Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See Ch. 128, Fees.
§ 150-56 Performance guaranty.
No certificate of occupancy or use shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. Such performance guaranty shall be posted in accordance with the procedures specified within § 277 of the Town Law relating to subdivisions. The amount and sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Town Attorney, the Code Enforcement Officer, other local officials or its designated consultants.
§ 150-57 Inspection of improvements.
The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Town's private consultants and other local officials and agencies as may be appropriate on multifamily residential, commercial and industrial projects.
§ 150-58 Integration of other procedures.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this chapter, the requirements of the Town Land Subdivision Regulations or the requirements of the State Environmental Quality Review Act,[1] the Planning Board may integrate, if it deems appropriate, site plan review as required by this article with the procedural and/or submission requirements for such other compliance. Such integration of procedures may require, upon mutual written consent of the Planning Board and the applicant, reasonable modification of the time schedules otherwise stated in this article.
[1]
Editor's Note: See Ch. 139, Subdivision of Land, and Ch. 77, Environmental Quality Review.
§ 150-59 Appeals.
Any person or persons, jointly or severally, aggrieved by any decision of the Planning Board under this article 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 proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 days after the filing of the Planning Board's decision in the office of the Town Clerk.