Putnam Valley City Zoning Code
ARTICLE V
Special Provisions for Nonresidential Districts
§ 165-21 Site plan approval.
A.
Purpose and intent. The purpose and intent of this section is to ensure that the site plan, location and dimension of buildings shall be of such character as to preserve and protect environmental features and harmonize with the surrounding environs, to accomplish a transition in character between areas of unlike character, to protect property values, to preserve and enhance the appearance and beauty of the community and to avoid an adverse impact on adjacent land uses.
B.
Applicability of regulations.
(1)
Where site plan approval is required by this section, no site shall be disturbed (including, but not limited to, removal of trees) until such site plan has been reviewed and approved by the Planning Board.
[Amended 10-22-2003 by L.L. No. 8-2003]
(2)
No building permit shall be issued or change of use permitted in the CN, CC-1, CC-2 and PC Districts, except in conformity with a site plan approved by the Planning Board, and no certificate of occupancy shall be issued until all the requirements, set by the Planning Board, under the provisions of this section and § 274-a of Town Law have been met.
C.
Application procedures.
(1)
Application requirements.
(a)
Applications for site plan approval shall be presented to the Planning Board at least four weeks prior to a public meeting and shall be accompanied by appropriate fees and a sketch plan including the following:
[1]
A location map, at a scale of one inch equals 1,000 feet, showing the applicant's entire property and all easements and streets, including all abutting parcels and their ownership.
[2]
The proposed location, size and use of all buildings and structures at a scale of one inch equals 50 feet.
[3]
Any proposed division of buildings and the amount of building area proposed for retail sales, office use or other uses to be contained within the building.
[4]
A conceptual layout of site configurations and improvements.
(b)
In the event that the proposal does not conform in some way with the zoning regulations, the application shall be denied, and the applicant shall be referred to the Zoning Board of Appeals for a decision pertaining to the nonconformance.
(c)
After receiving sketch plan approval, the applicant shall present a survey prepared by a surveyor licensed in the State of New York and a detailed site plan prepared by a qualified individual or firm, including but not limited to a registered architect, professional engineer, licensed land surveyor or landscape architect or professional planner, and shall contain information required by the Planning Board as follows:
[1]
Existing topography of the project area and proposed grade elevations at a contour interval of not more than two feet, unless otherwise specified by the Planning Board.
[2]
Soil types using data available from the Soil Conservation Service, or if required by the Planning Board, a detailed on-site soil analysis.
[3]
The location, size and function of local and NYSDEC designated wetland areas, lakes, ponds, streams and other natural drainage features.
[4]
One-hundred-year floodplain areas.
[5]
Terrain with slopes that fall within 15% to 20% and slopes in excess of 20%.
[6]
A tree plan pursuant to Article VA of this chapter.
[Amended 10-22-2003 by L.L. No. 8-2003]
[7]
The location and capacity or number of all existing and proposed roads, paper roads, parking and loading areas, including access and egress drives.
[8]
The location, description and design of all existing features and structures on the property and all existing and proposed site improvements, including pavement, walks, curbing, drains, culverts, grease traps, oil separators, retaining walls and fences, outdoor storage, parks, open space and recreation facilities, stone walls and other stone structures and fire protection facilities.
[9]
A description of the method of sewage disposal and location of such facilities.
[10]
A description and the location of all existing and proposed water supply facilities, including wells, casings, pumps, mains, hydrants and storage tanks.
[11]
The location, height, design and size of all temporary and permanent signs.
[12]
Identification of proposed landscaping and buffer screening areas, including a landscape plan and species and quantities of existing and proposed vegetation.
[13]
The location and design of lighting and security features, both above and below grade.
[14]
The location and character of all power distribution and transmission lines.
[15]
The location and description of all subsurface site improvements and facilities.
[16]
A grading plan showing before and after contours. The plan should also show the extent and amount of cut and fill for all disturbed areas, including before and after profiles of typical development areas, parking lots and roads and the disposition of any cut and fill in excess of 500 cubic yards. The grading plan shall include an erosion control plan during and after construction.
[17]
Proposed stormwater management plan, including retention/detention facilities. Adequate provisions for the handling of stormwater runoff should be made to include methods to include retention/detention, piping or channeling to existing drainage systems during and after construction and oil separators.
[18]
Any other pertinent information which the Planning Board deems necessary to the particular application.
[19]
Sight distances shall be measured and included on all plans in accordance with the current American Association of State Highway and Transportation Officials (AASHTO) standards.
[Added 12-14-2022 by L.L. No. 10-2022]
(2)
Approval process.
(a)
A public hearing on a site plan application shall be scheduled and conducted by the Planning Board within 62 days after receipt of all items required above, and the recommendations of the following, if required:
[1]
Putnam County Planning Department.
[2]
Putnam County Health Department.
[3]
New York State Health Department.
[4]
Putnam Valley Commission for the Conservation of the Environment.
[5]
Putnam Valley Highway Department.
[6]
Putnam Valley Emergency Services.
[7]
Putnam County Department of Highways and Facilities.
[8]
Putnam County Soil and Water Conservation District.
[9]
Other pertinent agencies.
(b)
Within 62 days of the date of the close of the public hearing, the Planning Board shall act to either approve, disapprove or approve with conditions the site plan application. If the application is denied, the Planning Board's decision shall include written findings.
(c)
Revisions or amendments.
[Amended 10-15-2008 by L.L. No. 6-2008]
[1]
Except as provided in Subsection C(2)(c)[2] hereof, revisions or amendments to an approved plan shall be acted upon in the same manner as the application for approval of the original site plan.
[2]
Minor revisions.
[a]
Minor revisions to an approved plan, necessitated by field conditions experienced during the course of construction, which were not or could not be reasonably have been anticipated during the original approval process and which, if executed, will not materially affect the approval plan from a visual or operational standpoint, and which will not adversely impact the community or the environment, may be approved by the Town Engineer in consultation with the Code Enforcement Officer, Highway Superintendent, Town Attorney, Town Planner, and Town Wetlands Inspector, as applicable.
[b]
All requests for minor revisions to an approved plan pursuant to Subsection C(2)(c)[2][a] hereof shall be made to the Planning Board, in writing, and shall be accompanied by a drawing and referred by said Board to the Town Engineer.
[c]
All minor revisions approved by the Town Engineer shall be made in writing and shall be filed in the Office of the Planning Board.
[d]
Upon receipt of a referral from the Planning Board pursuant to Subsection C(2)(c)[2][b] hereof, the Town Engineer may determine that the proposed revision is not minor and shall refer same back to the Planning Board for the filing of a formal application to amend the approved plan.
[e]
Minor revisions contemplated under this Subsection C(2)(c)[2] include, by the way of example, the following:
(3)
Duration of approval. A building permit shall be obtained and construction must be commenced within 12 months of the date of approval of a site plan and completed within a period of time specified by the Planning Board. If there is no substantial change in the condition of the site and/or its environs, and upon request by the applicant, a site plan approval may be extended by the Planning Board but only for two additional twelve-month periods. Thereafter, a new application, with appropriate fees, shall be required.
(4)
Security. A cash bond, letter of credit or other security in a form approved by the Town Attorney and in an amount determined by the Planning Board, shall be submitted by the applicant before the site plan is signed by the Planning Board Chairman or Secretary. The bond shall cover the full cost of the improvements required by the Planning Board and shall ensure the Town of Putnam Valley that the applicant will conform to the approved site plan and applicable regulations. The bond shall be an escalating bond, and the face value shall escalate as follows: 125% of the actual cost of improvements in the first year, 150% of the original cost of the improvements in the second year. Prior to the end of the two-year period, the Planning Board shall review the work remaining to be done and revise the amount of the security. The revision of the amount shall follow the same procedure adopted for the original security. Should a portion of the work be done during the first two years to the satisfaction of the town, the Planning Board shall recommend to the Town Board, upon request by the applicant, that the amount of the security be reduced. The amount of reduction shall be based on the original cost breakdown approved by the Planning Board at the time of the initial site plan approval.
(5)
Engineering/inspection fee. An engineering/inspection fee equal to 5% of the estimated cost of the improvements required by the Planning Board as a condition of the site plan approval shall be submitted in the form of a certified check. The Planning Board may waive the above fee if and to the extent that the Town’s actual inspection fees, including but not limited to engineering, planning, wetlands and/or environmental, are paid from an escrow account funded by the site plan applicant.
[Amended 5-20-2009 by L.L. No. 3-2009]