Red Hook Town City Zoning Code
ARTICLE VII
Site Plan Review and Approval Procedure
§ 143-113 Conformance required.
In accordance with Article III or District Schedule of Use Regulations[1] prior to the issuance of a building permit or a certificate of occupancy in any district, except for a one- or two-family dwelling and related accessory uses, including permitted home occupations, or agricultural and conservation uses permitted by right, the Zoning Enforcement Officer shall require the applicant's conformance with the site plan review and approval set forth in this article. The Zoning Enforcement Officer shall refer the applicant to the Planning Board for site plan review and approval in accordance with § 274-a of the Town Law and the more specific design standards and review procedures set forth herein.
[1]
Editor's Note: The schedule has been included at the end of this chapter.
§ 143-114 Sketch plan conference.
A.
A sketch plan conference between the Planning Board and applicant shall be held to initially review the basic site design concept and to generally determine the extent of site plan review necessary for the intended project and the information to be required on the site plan and in accompanying reports.
B.
At the sketch plan conference, the applicant shall provide a written statement and/or sketch plan describing what is proposed, including indication of all existing structures and uses, if any, on the site. The applicant should also provide an area map keyed to the real property Tax Maps, showing the parcel under consideration for site plan review and all properties, structures, subdivisions, streets and easements within 200 feet of the boundaries thereof.
C.
At the sketch plan conference, the Planning Board shall take one of three actions:
(1)
Administratively 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. Such determination shall be restricted to applications including the establishment of permitted uses within existing complying structures or the limited modification of existing conforming uses and complying structures, as determined by the Zoning Enforcement Officer, wherein no substantial site improvements are either required or proposed.
(2)
Administratively determine that the project does require full review under this article, based upon the project's scope and/or land use, site and building design characteristics, and advise the applicant of the site plan submission requirements in accordance with the site plan checklist set forth in § 143-115 of this article. At this time, one or more of the site plan submission requirements, as set forth on the checklist, may be waived by the Planning Board. The Planning Board may also require that the applicant seek preapplication input from one or more of the persons and agencies cited in § 143-117B of this article.
(3)
Require additional sketch plan information prior to making a determination regarding the applicability of the full site plan review and approval procedure to the intended project.
§ 143-115 Application for site plan approval.
Within six calendar months of the sketch plan conference, a complete application for site plan approval shall be made, in writing, to the Planning Board and shall be accompanied by a site plan 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 which is provided on a drawing certified by appropriate licensed design professionals, in compliance with the professional licensing regulations administered by the New York State Education Department:
A.
Site plan checklist. The site plan checklist shall include the following:
(1)
Title of drawing, including the names and addresses of the applicant and the person(s) responsible for the preparation of such drawing and a signature block for the Planning Board's and, if applicable, the Dutchess County Health Department's endorsement of its approval of the site plan.
(2)
North arrow, scale and date, with the scale to be not less than one inch equals 50 feet.
(3)
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 200 feet of the boundaries thereof.
(4)
Accurate boundaries of the property plotted to scale, including reference to the specific data source.
(5)
The names of all owners of record of lands adjacent to or directly opposite the applicant's property.
(6)
The location of structures, uses and facilities on adjacent properties within 100 feet of the subject property line.
(7)
Existing watercourses, wetlands and floodplains, including reference to the specific data source.
(8)
The location and boundaries of pertinent natural features that may influence the design of the proposed use such as soil types, rock outcrops, existing vegetative cover and either specimen trees or substantial tree masses which may be located within that portion of the site to be prepared for development.
(9)
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 or where general site grades exceed 5% or there may be susceptibility to erosion, flooding or ponding. A calculation of the extent of cut and fill shall accompany the grading plan, and an erosion and sedimentation control plan shall also be provided in accordance with the requirements of the Dutchess County Soil and Water Conservation District's Soil Erosion and Sediment Control Guidebook.
(10)
The location, dimensions, proposed use and height of all buildings, both existing and proposed.
(11)
The location, design and construction materials of all parking and truck-loading areas, including their access and egress drives and a clear indication of all traffic patterns on the site.
(12)
Provision for pedestrian access.
(13)
The location of outdoor storage for equipment and materials, if any, and the location, type and design of all solid waste-related facilities, including dumpsters and recycling bins.
(14)
The location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(15)
A description of the method of sewage disposal and the location, design and construction materials of such facilities.
(16)
A description of the method of securing water supply and the location, design and construction materials of such facilities.
(17)
The location of fire and other emergency zones, including the location of fire hydrants or of the nearest alternative water supply for fire emergencies.
(18)
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(19)
The location, size and design and construction materials of all proposed signage, including associated lighting, if any.
(20)
The location and proposed development of all buffer areas, including indication of both existing vegetative cover and that portion that will be preserved.
(21)
The location and design of outdoor lighting facilities, including data regarding, when appropriate, lighting levels, both within the site and at the site's boundaries, if adjacent to residential development.
(22)
Designation of the amount of building area proposed for retail sales, office use or similar commercial activity, including information regarding proposed division of buildings into smaller units for separate occupancy or tenancy, with such information to be in sufficient detail to permit minimum off-street parking and other zoning requirements to be calculated and Building Code compliance to be documented.
(23)
A detailed landscaping plan and planting schedule, including the number, size, caliper, type and location of all canopy trees or understory trees, shrubs and ground covers to be planted.
(24)
Building elevations and sections at a scale sufficient to delineate clearly the massing and the exterior materials, textures and colors of all buildings and other structures shown on the site plan.
(25)
Other elements integral to the proposed development as considered necessary by the Planning Board and as may be reasonably related to the requirements of this chapter and § 274-a of the Town Law, including a proposed development schedule and the identification of any federal, state or county permits required for the project's execution.
B.
Required fee and escrow deposit for development review costs. A complete application for site plan review and approval shall include the applicable fee in accordance with the fee schedule established and reviewed annually by the Town Board and escrow deposit in accordance with Chapter 70 of the Red Hook Town Code.
[Amended 1-15-2008 by L.L. No. 2-2008]
C.
Environmental assessment form (EAF). A complete application for site plan review and approval shall also include a short or full EAF as required by the Planning Board pursuant to SEQRA, Article 8 of the Environmental Conservation Law, and 6 NYCRR 617.
D.
Number of copies. Not fewer than six copies of the site plan application, including all accompanying reports and drawings, and the environmental assessment form shall be provided to permit the Planning Board to initiate formal review of the site plan application. Additional copies may be required due to review and referral requirements set forth in the Town Law, the General Municipal Law or the Environmental Conservation Law.
§ 143-116 Site plan design criteria.
The following criteria and standards are intended to provide an overall framework on a Town-wide basis within which the site designer is free to exercise creativity, invention and innovation while recognizing the historic, scenic and visual qualities inherent in the community. In the case of lands and structures within the Hamlet (H) District or within the Historic Landmarks Overlay (HL-O) and Environmental Protection Overlay (EP-O) Districts, the site designer shall also be guided by the design criteria and historic preservation principles set forth in §§ 143-46, 143-47 and 143-48, respectively, of this chapter.
A.
Relationship of proposed development to the Town Master Plan.
(1)
Due attention by the applicant should be given to the goals and objectives and the stated general land use policies for the Town as set forth in the Town Master Plan and this chapter and the relationship of the proposed development to the specific area of the Town in which it is located.
(2)
In the site plan and design, consideration should be given to the use of traditional building forms and layouts which are evidence of the distinctive historical development of the area and, in particular, of any specially designated or recognized scenic and historic district or properties within the vicinity of the proposed development.
B.
Relationship of buildings to site.
(1)
The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement and adequate parking areas.
(2)
Except as may be inappropriate to an historic or traditional streetscape characterized by a uniform setback or building line, site planning in which setbacks and yards are in excess of minimum zoning restrictions is encouraged to provide a variation in relationship between buildings.
(3)
Parking shall, wherever possible, be located to the rear or sides of buildings so as to not interfere with the landscape treatment.
(4)
Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings.
(5)
Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent practicable, be underground.
(6)
New structures shall be sited and located to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation both on and off the site and the impact on solar access to adjacent uses and properties.
C.
Relationship of buildings and site to adjoining area.
(1)
Site plans proposed for nonresidential uses adjacent to a residential district shall be reviewed with regard to the impact of the development on that district.
(2)
The Planning Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles.
D.
Landscape, buffering and site treatment.
(1)
Where possible, natural or existing topographic patterns which contribute to the beauty and character of a development shall be preserved.
(2)
Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting appearance.
(3)
Landscaped treatment shall be provided to enhance architectural features, to strengthen vistas and visual corridors and to provide shade.
(4)
Unity of design shall be achieved through repetition of certain plant varieties and other materials and by coordination with adjacent developments.
(5)
Plant material shall be selected for interest in its structure, texture and color and in consideration of its ultimate growth pattern. Plants that are indigenous to the area and others that will be hardy and harmonious to the design and exhibit a good appearance shall be used.
(6)
In locations where plants may be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(7)
Parking areas and traffic ways shall be enhanced with landscaped islands containing trees and tree groupings.
(8)
Screening of service yards, refuse containers and other places that tend to be unsightly shall be accomplished by use of walls, fencing or planting, or combinations of these, with all such enclosures being compatible in material, texture and color with the principal building or buildings on the site.
(9)
Landscaping shall be designed and maintained so as not to create hazardous conditions.
E.
Lighting.
(1)
Exterior lighting shall conform to the requirements of § 143-27.1.
[Amended 8-8-2006 by L.L. No. 3-2006]
(2)
The number of light standards and the intensity of lighting shall be appropriate to illuminate the location for safety and security but shall not cause glare upon adjoining properties.
(3)
Lighting standards shall be appropriate to the design of the structures and shall not exceed 20 feet in height.
F.
Building design.
(1)
Building design shall make appropriate recognition of compatible building forms indigenous to the community and, in particular, of the historic character of the Village of Red Hook and the Town's hamlet areas.
(2)
Materials shall have good architectural character and shall be selected for harmony with traditional building materials. Where practical, natural materials shall be used.
(3)
Building components, such as windows, rooflines, doors, eaves and parapets, shall have well-designed proportions and relationships to one another and be compatible with the historic character of the Village of Red Hook and the Town's hamlet areas.
(4)
Mechanical equipment, such as air conditioners and satellite dishes, or other utility hardware located on roofs, the ground or buildings shall be screened from adjacent properties and public view with materials harmonious with the building, specified as to color so as to blend with their surroundings or located as not to be visible from any public way or lands.
G.
Signs.
(1)
Every sign shall be wholly consistent with the requirements set forth in § 143-27 of this chapter and shall be well-proportioned in its design and in its visual relationship to buildings and surroundings.
(2)
Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
(3)
The colors, materials and lighting of every sign shall be restrained and shall be harmonious with the building and site to which it principally relates.
(4)
The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.
(5)
Identification signs of a prototype design and corporation logos shall be modified as necessary by the applicant and project designer to conform to the criteria for all signs within the Town of Red Hook.
H.
Ecological considerations.
(1)
The proposal shall result in minimal degradation of unique or irreplaceable land types and in minimal adverse impact upon areas of environmental concern.
(2)
The proposal shall conform with the existing geological and topographic features, to the end that the most appropriate use of land is encouraged.
I.
Storm drainage. The proposed development shall be so designed as to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns and protects other properties. All drainage plans shall be reviewed and approved by the Town Engineer. Wherever practicable, stormwater management techniques, including on-site detention, should be employed to both address existing drainage problems, if any, and avoid an increase in either the peak volume or velocity of stormwater discharged from the project site in its post-development condition.
J.
Solid waste. Facilities to handle solid waste, including compliance with recycling requirements, shall be easily accessible, secure and properly screened.
K.
Vehicular traffic.
(1)
All entrance and exit driveways shall be located with due consideration for traffic flow so as to afford maximum safety to traffic on public streets and shall meet all current design standards of the appropriate state, county or Town authority, unless specifically waived or modified by that authority.
(2)
On-site circulation shall be designed for ease of use and to connect safely with adjoining properties where appropriate without necessity of returning to the public street system, including consistency with related recommendations discussed in the Town Master Plan.
L.
Pedestrian and bicyclist circulation.
(1)
Pedestrian circulation shall be separated, to the extent practicable, from motor vehicle circulation. Appropriate walkways shall be provided on the site and its approaches if deemed necessary.
(2)
Proper provision shall be made for buildings and associated site development that are accessible to and functional for physically handicapped persons, such as by provision of walks and ramps of suitable width and grade, curb cuts, signed and suitably dimensioned parking spaces and ground level building entrances, as required in the New York State Uniform Fire Prevention and Building Code and the Vehicle and Traffic Law.
(3)
Facilities shall be provided, where deemed applicable by the Planning Board, for bicycle travel within the site and to adjacent areas and for the short-term parking of bicycles.
§ 143-117 Planning Board review.
The Planning Board's review of a 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, channelization structures and other 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 facilities.
(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 concern for 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 or in the vicinity of wetlands or similar natural features.
(12)
Compatibility of building design with existing characteristics of the neighborhood, including consideration of nearby historic or architecturally significant properties.
B.
Consultant review. In its review of an application for site plan approval, the Planning Board may consult with the Town Zoning Enforcement Officer and/or Building Inspector, the Superintendent of Highways, the Conservation Advisory Council, the Design Review Committee, the Town Water Board, the Dutchess County Health Department, other local and county officials and its designated private planning and engineering consultants, in addition to representatives of state agencies, including but not limited to the State Department of Transportation, the State Health Department and the Department of Environmental Conservation.
C.
Public hearing. The Planning Board shall conduct a public hearing on the application for site plan approval. The public hearing shall be conducted within 45 calendar days of the receipt of the complete application and shall be advertised in the official newspaper of the Town at least five calendar days before the public hearing. The Secretary of the Planning Board shall additionally provide notice of the public hearing and data regarding the substance of the application 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.
(1)
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.
(2)
Provided that there has been substantial compliance with this provision, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with the application.
D.
Required referral. Prior to taking action on the site plan, the Planning Board shall refer the site plan, when applicable, to the Dutchess County Department of Planning for advisory review and a report in accordance with §§ 239-l and 239-m of the General Municipal Law.
§ 143-118 Planning Board action.
Within 45 days of the close of a public hearing, the Planning Board shall act on the site plan application.
A.
Action by resolution.
(1)
The Planning Board shall act by resolution to either approve or disapprove or approve with modifications the site plan application. A copy of the resolution shall be filed in the Town Clerk's office and mailed to the applicant within 10 calendar days of the Planning Board's action. A resolution of either approval or approval with modifications shall include authorization to the Planning Board Chairman to stamp and sign the site plan upon the applicant's compliance with the submission requirements stated therein.
(2)
If the Planning Board's resolution includes a requirement that modifications be incorporated in the site plan, conformance with said modifications shall be considered a condition of approval and shall be satisfied prior to signing of the site plan. If the site plan is disapproved, the Planning Board's resolution shall state specific reasons for such decision. 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.
B.
Submission requirements for stamping. After receiving site plan approval, with or without modifications, from the Planning Board, the applicant shall within six calendar months submit six prints and one reproducible Mylar of the site plan to the Planning Board for stamping and signature by the Chairman. The site plan submitted for stamping shall conform strictly to the site plan approved by the Planning Board except that it shall further incorporate any revisions or other modifications required by the Planning Board and shall be accompanied by the following additional information:
(1)
A record of application for and approval status of all necessary permits from federal, state and county officials and agencies.
(2)
Detailed sizing and final material specification of all required improvements.
(3)
An estimated project construction schedule and, if a performance guaranty is to be provided by the applicant for all or some portion or the work, a detailed cost estimate for the installation and inspection of site improvements.
C.
Effect of stamping by Planning Board. Upon stamping and signature by the Chairman, the Planning Board shall forward a copy of the approved site plan to the Zoning Enforcement Officer, the Building Inspector and the applicant. The Building Inspector may then issue a building permit or the Zoning Enforcement Officer a certificate of occupancy, as applicable, if the project conforms to all other applicable requirements, including the applicant's presentation of documentation that all necessary permits and approvals from federal, state and county officials and agencies have been issued.
D.
Expiration of approval. Planning Board approval of a site plan shall expire if any of the following circumstances occurs:
(1)
The site plan is not submitted for stamping and signature by the Chairman within six calendar months of the Planning Board's resolution of site plan approval, with or without modifications.
(2)
A complete application for either a building permit or certificate of occupancy is not submitted to the Zoning Enforcement Officer and/or Building Inspector, as applicable, within one calendar year of the stamping and signing of the site plan by the Chairman.
(3)
Work authorized under a building permit is not commenced and diligently pursued through the completion of substantial construction within 30 months of the stamping and signing of the site plan by the Chairman. Upon prior written request to the Planning Board, including a statement of justification for the requested time extension, the time period for submission of the site plan or submission of the complete application for a building permit or certificate of occupancy may be individually extended for a maximum period of six calendar months and one calendar year, respectively, from their otherwise specified termination dates.
§ 143-119 Reimbursable costs for site plan review.
Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the required application fee required in § 143-115B of this article. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed 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 for such consultant review and other expenses.
§ 143-120 Performance guaranty.
No certificate of occupancy shall be issued until all improvements shown on the approved site plan are installed and an as-built drawing submitted to the Zoning Enforcement Officer 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 and shall generally cover limited elements of the work, e.g., final asphalt paving or landscaping, that cannot be completed due to seasonal constraints and the subsequent preparation and submission of the required as-built drawing. The amount and sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Town Attorney, the designated Town Engineer, other local officials or the Planning Board's designated private consultants.
§ 143-121 Inspection of improvements.
The Building Inspector shall be responsible for the overall inspection of site improvements, including coordination with the Zoning Enforcement Officer, the designated Town Engineer and other local officials and agencies as may be appropriate on multifamily residential, institutional, commercial and light manufacturing projects. Reasonable expenses incurred by the Town for inspections by the designated Town Engineer or other appropriate professionals shall, in addition to costs associated with site plan review, be reimbursed to the Town by the applicant in accordance with the fee schedule established and annually reviewed by the Town Board.
§ 143-122 Integration of procedures.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this chapter, such as special use permit review and approval, the requirements of Chapter 120, Subdivision of Land, or the requirements of the State Environmental Quality Review Act, the Planning Board may integrate, if it deems appropriate and to the extent within its authority under law, 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 or in said related regulations or requirements.
§ 143-123 Relief from decisions.
Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a site plan approval 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.