The objectives of this chapter.

Their effect on surrounding properties.

The ability of the Town to accommodate the growth resulting from the proposed use without undue adverse effect on the Town and its citizens and taxpayers, and the protection of health, safety and welfare of the Town and its citizens.

The objectives of the Comprehensive Land Use Plan.

The objectives and requirements of the Adirondack Park Agency Act for areas within the Adirondack Park.

Site plan review is required for any land use or development involving a new use or expansion or change of a use noted in this chapter as requiring such Planning Board review. Construction, development, site preparation and/or the issuance of a building permit or zoning permit for any such use shall not be undertaken unless and until the Planning Board has approved, with or without conditions, the site plan for such use. No building permit for a use requiring site plan review shall be valid without site plan approval.

No permit shall be issued for a change of commercial use in a commercial building on any lot or tract of land except in compliance with a site plan for such lot or plot duly approved by the Town Planning Board within the prior seven years in accordance with the following procedure, except that changes in permitted uses within an approved business complex which do not increase the required parking or change the exteriors of buildings, the layout of the site or any site features, do not require site plan review.

When a site plan review is triggered, the Planning Board is empowered to apply all of the requirements of this chapter to its review of the site plan. In addition, if any new uses or change or expansion of existing uses is proposed for sites located within the Adirondack Park, it also requires a permit from the Adirondack Park Agency as a Class A or Class B project. The Adirondack Park Agency has jurisdiction only within those portions of the Town within the Adirondack Park.

Prior to making application for a site plan review, an applicant must schedule and attend a preapplication meeting with the Town planning staff. The purpose of the meeting is to review the applicable regulations and application requirements, as well as the procedure for review and policies and procedures of the Planning Board. No application will be accepted for review by the Planning Board until the preapplication conference is held.

The applicant may also schedule a sketch plan conference with the Planning Board at which the applicant may present a sketch of the proposed site plan in order to receive feedback and comments from the Planning Board prior to the preparation of a site plan that includes all of the required details and information for a formal site plan application as set forth in § 179-9-050 below.

A vicinity map drawn at the scale that shows the relationship of the proposal to existing community facilities which affect or serve it, such as roads, shopping areas, schools, etc. The map shall also show all properties, identify owners, subdivisions, streets, and easements within 500 feet of the property. Such a sketch may be superimposed on a United States Geological Survey map of the area.

The site plan shall be drawn at a scale of 40 feet to the inch (one inch equals 40 feet) or such other scale as the Planning Board may deem appropriate, on standard twenty-four-inch-by-thirty-six-inch sheets, with continuation on sheets 8 1/2 inches by 11 inches as necessary for written information. The information listed below shall be shown on the site plan and continuation sheets.

Name of the project, boundaries, date, North arrow, and scale of the plan.

Name and address of the owner of record, developer, and seal of the engineer, architect, or landscape architect. If the applicant is not the record owner, a letter of authorization shall be required from the owner.

The location and use of all existing and proposed structures within the property, including all dimensions of height and floor area, all exterior entrances, and all anticipated future additions and alterations.

The location of all present and proposed public and private ways, off-street parking areas, driveways, outdoor storage areas, sidewalks, ramps, curbs, paths, landscaping, walls, and fences. Location, type, and screening details for all waste disposal containers shall also be shown.

The location, height, intensity, and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown in compliance with § 179-6-020.

The location, height, size, materials, and design of all proposed signs.

The location of all present and proposed utility systems, including:

Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, and flooding of other properties, as applicable. A stormwater pollution prevention plan (SWPPP) for all land development activities (excluding agricultural activities) on the site that result in land disturbance of one acre or more. A SWPPP shall comply with the requirements of the DEC SPDES MS-4 General Permit and Chapter 147 of the Town of Queensbury Code. It shall be at the discretion of the Planning Board as to whether a SWPPP or an erosion and control plan shall be required for a site plan review project land disturbance of less than one acre.

Existing and proposed topography at two-foot contour intervals, or such other contour interval as the Planning Board shall allow. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the one-hundred-year floodplain, the area will be shown, and base flood elevations given. Areas shall be indicated within the proposed site and within 50 feet of the proposed site where soil removal or filling is required, showing the approximate volume in cubic yards.

A landscape plan showing all existing natural land features that may influence the design of the proposed use such as rock outcrops, stands of trees, single trees eight or more inches in diameter, forest cover, and water sources, and all proposed changes to these features, including sizes and types of plants. Water sources include ponds, lakes, wetlands and watercourses, aquifers, floodplains, and drainage retention areas.

Land use district boundaries within 500 feet of the site's perimeter shall be drawn and identified on the site plan, as well as any overlay districts that apply to the property.

Traffic flow patterns within the site, entrances and exits, and loading and unloading areas, as well as curb cuts on the site and within 100 feet of the site. The Planning Board may, at its discretion, require a detailed traffic study for large developments or for those in heavy traffic areas, which shall include:

For new construction or alterations to any structure, a table containing the following information shall be included:

Elevations at a scale of 1/4 inch equals one foot for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color of materials to be used.

Soil logs, water supply well and percolation test results, and storm runoff calculations, as needed to determine and mitigate project impacts.

Plans for disposal of construction and demolition waste, either on-site or at an approved disposal facility.

Plans for snow removal, including location(s) of on-site snow storage.

An environmental assessment form (EAF), as required by the SEQRA regulations, with Part 1 completed by the applicant, shall be submitted as part of the application. If the proposed project requires a special use permit and an EAF has been submitted in conjunction with a special use permit application, a duplicate EAF is not required for the site plan application.

If an application is for a parcel or parcels on which more than one use is proposed, the applicant may submit a single application for all such uses, provided the proposed uses are accurately delineated on a site plan drawn pursuant to the requirements set forth above. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQRA compliance), all proposed uses on a single parcel or on contiguous parcels shall be considered together.

A brief narrative statement on how the project proposed for review furthers or is consistent with the vision, goals and policies in the Town's Comprehensive Plan.

Determination that application is adequate to initiate review. At the first meeting at which an application is first presented as an agenda item, the Planning Board shall determine whether the application is adequate for purposes of commencing the site plan review process. If an application is determined to be inadequate, the Planning Board shall notify the applicant in writing as to what aspects of the application submittal are lacking or are otherwise insufficient to start the process.

Adirondack Park Agency projects. All proposals, uses or projects located within the Adirondack Park which require regional project review shall be referred to the Adirondack Park Agency for such review simultaneously to the site plan review process. The Planning Board shall refer a copy of a complete application within 10 days of the Planning Board's determination that such application is complete to the APA.

County referral. For applications within 500 feet of the Town boundary or a proposed or existing state or county park or recreation area, right-of-way, parkway, throughway, road or highway, stream drainage channel or easement, public building or institution; not later than 10 days following the Planning Board's determination that an application is complete, the Planning Board shall refer a copy of such application to the Warren County Planning Board, in accordance with General Municipal Law §§ 239-l and 239-m. This referral requirement may be subject to modification as outlined in an intermunicipal agreement between the Town and county.

SEQRA compliance. Upon determining that the application materials received are adequate for purposes of commencing site plan review, the Planning Board shall initiate the New York State Environmental Quality Review Act (SEQRA) process (unless the process has already been commenced pursuant to an application for a special permit for the same project). As mandated by the SEQRA regulations, the Planning Board shall make every effort to avoid unnecessary duplication of review requirements and shall provide for combined or consolidated proceedings when feasible. The time within which the Planning Board must render its decision under Subsection F may be extended by mutual consent of the applicant and the Planning Board if necessary to provide sufficient time to comply with the requirements of SEQRA.

Public hearing requirement. The Planning Board shall hold a public hearing on a new application and provide notice consistent with § 179-16-120. In making a determination to hold a public hearing on a application to modify a site plan, the Planning Board shall be guided by: (1) the expected level of public interest in the project, (2) the potential benefit of receiving input from neighbors of the proposed site and/or from the general public, and/or (3) the desirability of creating an expanded record of the review proceedings, and/or, if applicable, (4) the potential benefit to the Board's review of the project under SEQRA.

Decision. The Planning Board shall decide on the application within 62 days after such a hearing is closed or, if no hearing is held, then after the application is determined to be complete by the Planning Board; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

Filing of decisions. The decision of the Planning Board shall be filed within five days from the date that the decision was rendered, in the office of the Town Clerk, in the office of the Zoning Administrator and a copy thereof shall be mailed to the applicant. The decision shall contain such findings of fact as are required by § 179-9-070 hereof. In the case of projects located within the Adirondack Park, the decision shall also be sent to the Adirondack Park Agency. Any aspect of the project and its site plan approval which will require inspection by the Zoning Administrator to ensure compliance shall be set forth with appropriate specificity in the decision and/or placed on the site plan or accompanying drawings.

Conditions. The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are reasonably related to the project in order to address mitigation of project impacts and which are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings (whether by deed restriction, restrictive covenant or other similar appropriate means) or other specific requirements and restrictions to ensure that objectives, standards or guidelines as provided in this chapter are furthered and adhered to and that the project will be adequately supported by services and improvements made necessary by the project. To ensure that the project will be completed in accordance with the terms and conditions of the application and approval and including, without limitation, the requirements and conditions authorized under §§ 179-9-090 and 179-9-100, the Planning Board shall require, as a condition, that the applicant submit as-built drawings and/or other written certification, signed and stamped by a New York State licensed engineer, surveyor or architect of record (or the contractor/owner if no design professional was used), verifying that the project was completed in accordance with the approved site plan. In addition, the Planning Board may require that the Zoning Administrator incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.

Final approved plans in compliance with the Planning Board approval must be submitted to the Zoning Administrator prior to any application for building permits.

Application for area variance.

Expiration of approvals. Unless otherwise specified or extended by the Planning Board, a site plan review approval shall expire if the applicant fails to undertake the proposed action or project within one year from the filing date of such decision thereof.

Amendments. The terms and conditions of any site plan approval may be amended in the same manner as required to approve a site plan, following the criteria and procedures in this article. Any enlargement, alteration, or construction of accessory structures not previously approved shall require a site plan amendment.

The proposed project furthers or is consistent with the policies of the Town's Comprehensive Plan.

The proposed project complies with all other requirements of this chapter, including the site plan review standards as set forth in Subsection F of this section, the dimensional, bulk, and density regulations of the zoning district in which it is proposed to be located (Article 3 and Table 1), the applicable requirements of all other articles that apply.

The site plan encourages pedestrian activity internally and, if practicable, to and from the site with pedestrian paths or sidewalks connected to adjacent areas.

The site plan must conform to Chapter 136, Sewage and Sewage Disposal, Chapter 147, Stormwater Management, and other applicable local laws.

The proposed use shall be in harmony with the general purpose or intent of this chapter, specifically taking into account the location, character and size of the proposed use and the description and purpose of the district in which such use is proposed, the nature and intensity of the activities to be involved in or conducted in connection with the proposed use and the nature and rate of any increase in the burden on supporting public services and facilities which will follow the approval of the proposed use.

The establishment, maintenance and operation of the proposed use will not create public hazards from traffic, traffic congestion or the parking of vehicles and/or equipment or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the neighborhood or to the general welfare of the Town. Traffic access and circulation, road intersections, road and driveway widths, and traffic controls will be adequate. Off-street parking and loading facilities will be appropriately located and arranged and sufficient to meet traffic anticipated to be generated by the new use.

The establishment of vehicle links between parking areas of adjacent properties are provided where feasible. This furthers the Town's goal of reducing curb cuts and reducing congestion. A twenty-foot-wide connection is required. If adjacent properties are either undeveloped or previously developed without having made provision for future linkage, then a future connection must be identified and provided for in the site plan under review for such future linkage when the time arises. The Planning Board may require proof that the applicant has made contact with adjacent property owners for purposes of coordinating linkages with adjacent properties.

The project shall not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the Town or the Adirondack Park or upon the adequate provision of supporting facilities and services made necessary by the project, taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the project. In making the determination hereunder, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein under § 179-9-100 of this chapter, and in so doing, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in § 179-9-100 of this article.

The provision for and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience shall be safe and adequate for pedestrian movement. Pedestrian connections between adjacent sites shall be provided to encourage pedestrian use.

Stormwater drainage facilities will prevent an increase of post-development drainage flows as compared to predevelopment drainage flows. Drainage of the site shall recharge groundwater to the extent practical. Surface waters flowing off-site shall not degrade any streams or adversely affect drainage on adjacent properties or public roads. Facilities shall be in conformance with the drainage standards of Chapter 147 of the Town Code and the Town of Queensbury Subdivision Regulations,[1] where applicable.

The water supply and sewage disposal facilities will be adequate and will meet all applicable and current requirements set forth by Department of Health regulations and Chapter 136 of the Town Code.

The adequacy, type and arrangement of trees, shrubs and other suitable plantings, landscaping and screening shall effectively provide a visual and/or noise buffer between the applicants and adjoining lands, including the maximum retention of existing vegetation and maintenance, including replacement of dead or diseased plants.

Fire lanes, emergency zones and fire hydrants will be adequate and meet the needs and requirements of emergency service providers.

The design of structures, roadways and landscaping in areas susceptible to ponding, flooding and/or erosion will minimize or avoid such impacts to the maximum extent practicable.

The site plan conforms to the design standards, landscaping standards and performance standards of this chapter.

Water extraction applicants shall submit a full site plan review application in conformity with the requirements established by the Town.

Water extraction applicants shall provide evidence of fee title ownership of a minimum of 200 contiguous acres within a Land Conservation zone by submission of copies of filed deeds with the application.

The Town Board of the Town of Queensbury shall establish a nonrefundable application fee which shall be provided by water extraction applicants at the time of submission.

Water Extraction applicants shall provide: a copy of a water withdrawal permit from the New York State Department of Environmental Conservation pursuant to Part 601 of the Department's Published Regulations issued pursuant to Environmental Conservation Law Article 15; a copy of an application for such permit or modification thereof; or sufficient evidence that such permit is not required, together with such additional evidence and proof as may be required by the Planning Board of the Town of Queensbury as determined by its review of the submission.

Upon review by the Planning Board of the Town of Queensbury, the water extraction applicants shall provide a statement of the maximum daily quantity of water proposed to be extracted, from all extraction points identified by the applicant, the specific location of the identified extraction points, the method of extraction and copies of any permits (applied for or existing), approvals or denials issued by any state or federal agency having jurisdiction of the extraction method, including the New York State Department of Health, as may be applicable, the hours of operation, projected traffic volumes relative to the water volumes proposed to be extracted, projected noise volumes, area lighting proposed for the site and any other similar site conditions as may be required by the Planning Board.

Water extraction applicants shall provide the Planning Board of the Town of Queensbury with a copy of an independent report issued by a qualified professional of a hydrogeological investigation and study which addresses at least the following:

Water extraction applicants shall include on the site plan the location of all water bodies located within 500 feet of the extraction point, the precise surveyed location of the extraction point, the existing network of roadways in the vicinity of the extraction point, any proposed new roadways, and any other relevant and material detail(s) bearing on the proposed extraction process the omission of which would tend to hinder the ability of the reviewing authority, affected landowners or the public from developing a full understanding of the scope and impact of the proposal.

The Planning Board of the Town of Queensbury shall properly notice and conduct a Public Hearing convened for the purpose of reviewing the application in conformity with the general requirements of site plan review. The Planning Board shall be entitled to adopt whatever procedural rules for the hearing, including the imposition of reasonable time limits for the presentations of the applicants, opponents if any, and the general public, it deems appropriate, fair, and reasonable calculated to afford a full consideration of the issues pertaining to the application.

Water transport vehicle access to the extraction site for loading purposes shall occur in such a manner as to safeguard against hazards to traffic and pedestrians on adjacent streets or roads; avoid traffic congestion and traffic safety hazards, or other safety risks identified by the review process.

Water transport vehicle traffic shall be designed so as to not exceed the capacity of existing town roadways or cause premature failure, aging or diminished utility of those roadways. Site plan approval may be conditioned upon tender of appropriate financial security or direct payment sufficient to repair or improve degraded roadway conditions proximately caused by the water transport vehicle traffic.

Water extraction points shall be located no closer than 1,000 feet from the nearest residence. This provision is only applicable to water extraction and transport off site and is not applicable to on-site residential, industrial, commercial or agricultural purposes.

Water extraction points shall be selected to minimize impact upon the environment and applicants shall limit site clearing and roadway development to the minimum necessary to achieve access.

Natural resource considerations shall be as follows:

Historic considerations shall be as follows:

Site development considerations shall be as follows:

Governmental service and finance considerations shall be as follows:

Governmental review considerations shall be as follows: