Riga City Zoning Code
ARTICLE IX
Site Plan Approval
§ 95-45 Purpose.
The purpose of site plan approval is to determine compliance with the objectives of this chapter in those zoning districts where inappropriate development may cause a conflict between uses in the same or an adjoining zoning district by creating unhealthful or unsafe conditions and thereby adversely affecting the public health, safety and general welfare.
§ 95-46 Authority.
In the review and approval of site plan applications, the Planning Board shall have such authority as may be provided in § 274-a of the Town Law.
§ 95-47 Applicability of provisions; exceptions.
[Amended 3-13-2000 by L.L. No. 1-2000; 2-11-2015 by L.L. No. 4-2015; 1-7-2025 by L.L. No. 1-2025; 3-11-2025 by L.L. No. 4-2025]
A.
Site plan approval shall be required in accordance with the provisions of this article prior to the issuance of a building permit in any zoning district, the grant of a permit for a new use or change in use or approval of a special use or modification of a special use, including but not limited to new structures or uses, expansion, alteration or modification of existing structures or uses and legal conversion of an existing structure to another use. The requirement of site plan approval shall specifically include:
(1)
Location and construction of any signs, except those permitted in any zoning district pursuant to § 95-74, Subsection E, of this chapter, and except where any such sign is otherwise included in an application for site plan approval for overall development of a lot.
(2)
Location and construction of a single one- or two-family dwelling on a single lot not in an approved subdivision (sometimes known as a "one-lot subdivision").
(3)
Location and construction of ponds, except where such pond is included in an application for subdivision of land or in an application for site plan approval for overall development of a lot, or where an excavation permit has been obtained pursuant to Chapter 47 of this Code.
(4)
Construction of a building or structure, customarily considered an accessory building or structure, including but not limited to a garage, shed or storage building, on a lot in an RRA District which is vacant or on which there is not already existing a principal building or structure.
(5)
Exterior alterations or additions to existing structures in any district other than an RRA District.
(6)
Certain solar energy systems including commercial building-mounted, commercial roof-mounted, Type 1 solar energy systems for businesses and farms, and Type 2 solar energy systems.
B.
Notwithstanding the foregoing, the following shall not require site plan approval pursuant to this article:
(1)
Construction of a single one- or two-family dwelling on a single lot in an approved subdivision.
(2)
In an RRA District, other than a pond, the location and construction of permitted accessory structures to one- and two-family dwellings which are not in excess of 3,000 square feet.
(3)
Ordinary repair or maintenance or interior alterations to existing structures or uses.
(4)
In an RRA District, exterior alterations or additions to one- and two-family dwellings.
(5)
Excavation and filling operations for which a permit is obtained pursuant to Chapter 47 of the Code of the Town of Riga.
(6)
Building-integrated, building-mounted, roof-mounted solar energy systems, and some Type 1 solar energy systems as provided in § 95-78C(4).
§ 95-48 Optional sketch plan submission.
A.
A sketch plan conference may be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of his proposal prior to the preparation of a detailed site plan and to provide the Planning Board with an opportunity to review the basic site design concept, to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan.
B.
In order to accomplish these objectives, the applicant shall provide the following at least two weeks prior to the date of the regular meeting of the Planning Board at which the sketch plan is to be discussed:
(1)
A statement and rough sketch, showing the locations and dimensions of principal and accessory structures, parking areas, signs, existing and proposed vegetation and other existing or planned features; anticipated changes to existing topography and natural features; proposed water supply and sewage and waste disposal facilities; provisions for storm drainage, recreation and open space; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.
(2)
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way, easements and other pertinent features within 500 feet of the boundaries of the parcel.
(3)
A topographic or contour map of adequate scale and detail to show site topography.
(4)
An economic analysis of the project, indicating, as applicable, such information as cost of construction and development, proposed rentals, market area, cost and manner of providing public utilities, etc.
C.
The Planning Board, upon review of the sketch plan and with the concurrence of the Engineer for the Town as deemed appropriate by the Planning Board, may waive requirements for application materials for developments for which, due to character, size, location or special circumstances, such information is not required in order for the Planning Board to properly perform site plan review.
§ 95-49 Application.
A.
Application contents. An application for site plan approval shall be made in writing to the Planning Board and shall be accompanied by supporting information and documentation. If a sketch plan conference was held, the supporting information shall include the elements identified by the Planning Board at said sketch plan conference. The application for site plan approval shall include the following information prepared by a licensed engineer, architect, landscape architect or surveyor:
(1)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(2)
A map of site topography at no more than five-foot contour intervals. If the site has susceptibility to erosion, flooding or ponding, contour intervals of not more than two feet of elevation should also be provided.
(3)
The title of drawing, including name and address of the applicant and the person responsible for preparation of such drawings.
(4)
North arrow, scale and date.
(5)
Boundaries of the property plotted to scale.
(6)
Existing buildings.
(7)
Grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses.
(8)
Location, design, type of construction, proposed use and exterior dimensions of all buildings.
(9)
Location, design and type of construction of all parking and truck loading areas, showing ingress and egress.
(10)
Location, design and type of construction of all pedestrian access.
(11)
Location of outdoor storage, if any.
(12)
Location and design of all existing and proposed site improvements, including drains, culverts, walls, fences, hedges and screen plantings.
(13)
Description of the method of public water supply and sewage disposal and location of such facilities.
(14)
Location of fire and other emergency zones, including the location of hire hydrant.
(15)
Location and design of all energy distribution facilities, including electrical, gas and solar energy.
(16)
Location, sign, design and type of construction of all proposed signs.
(17)
Location and proposed development of all buffer areas, including existing vegetative cover.
(18)
Location and design of outdoor lighting facilities.
(19)
Identification of the location and amount of building area proposed for each intended use, including storage and common areas.
(20)
General landscaping plan and planting schedule.
(21)
An estimated project construction schedule.
(22)
Record of application for and approval status of all necessary permits from state and County agencies.
(23)
Identification of any state or County permits required for the execution of the project.
(24)
Other elements integral to the proposed development as considered necessary by the Planning Board.
(25)
Part 1 of an environmental assessment form (EAF) in accordance with the state environmental quality review regulations (SEQR).
B.
Date of application. The above-described information and documentation shall be submitted to the Planning Board at least two weeks before the next regularly scheduled Planning Board meeting. The Planning Board may request from the applicant additional copies of application materials for distribution to the Planning Board prior to the meeting. At the regularly scheduled meeting, the Planning Board shall determine whether the application is complete. If the application is not complete, the Planning Board shall list the additional information required and shall mail such list to the applicant. The minutes of the meeting may satisfy this requirement. The date of the regularly scheduled Planning Board meeting at which the application is determined to be complete by the Planning Board shall be deemed to be the date of application.
§ 95-50 Factors for consideration during review.
A.
The Planning Board review of a site plan shall include but is not limited to the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading areas.
(4)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(5)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the proposed use and adjoining uses or properties.
(6)
In the case of an apartment house or multiple dwelling, the adequacy of usable open space for playgrounds and informal recreation.
(7)
Adequacy of stormwater and sanitary waste disposal facilities.
(8)
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding, ponding and/or erosion.
(9)
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(10)
Adequacy of water supply facilities.
(11)
Overall impact on the neighborhood, including compatibility of design and considerations.
(12)
Conformance with the Community Comprehensive Master Plan or other applicable plans prepared by others which the Town uses as a guide for development.
(13)
Adequacy of overall plan in minimizing harmful effect upon the environment.
B.
The Planning Board may waive any data requirement listed in this Article for any proposal if they find that, in their review or the review of others at the presketch or sketch plan meeting, the data is not necessary. A list of the requirements waived and the reasons therefor shall become part of the Town's written record on that particular development.
§ 95-51 Planning Board action; required variances.
A.
Within 62 days of the date of application as described above, the Planning Board shall approve, approve with modifications or disapprove the site plan, except that where a public hearing is deemed necessary pursuant to § 95-52, the decision on the site plan shall be made within 62 days of the public hearing. The time period in which the Planning Board must render its decision can be extended by mutual consent of the applicant and the Planning Board.
(1)
Approval. Upon approval of the site plan, the Planning Board shall endorse its approval on a copy of the plan and shall immediately file it and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant. All approvals shall be conditional upon final approval by the Town Engineer, as appropriate, of all construction designs and specifications.
(2)
Approval with modifications. The Planning Board may conditionally approve the final site plan. A copy of a written statement containing the modifications required by the conditional approval will be mailed to the applicant. After adequate demonstration to the Planning Board that all conditions have been met, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant. All approvals shall be conditional upon final approval by the Town Engineer, as appropriate, of all construction designs and specifications.
(3)
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the Town Clerk and a copy thereof mailed to the applicant, along with the Planning Board's reasons for disapproval.
B.
In the event that a site plan involves a need for variances, the applicant shall first be denied site plan approval by the Planning Board, so that the applicant may apply for a variance(s) to the Zoning Board of Appeals. The need for variances may be determined by the Zoning Enforcement Officer or Planning Board before an application for site plan approval is deemed complete. Where the Planning Board has denied site plan approval on these grounds, the Planning Board shall convey any information or documents which it deems appropriate to the Zoning Board of Appeals, with respect to the variances requested, and the Planning Board may convey any opinions or recommendations which it may have with respect to the application. If the Zoning Board of Appeals grants the variances, the applicant may resume the process to obtain site plan approval.
§ 95-52 Public hearing.
The Planning Board may conduct a public hearing on the site plan if a majority of the whole Board deems that such a hearing is in the public interest. The public hearing shall be conducted within 62 days of the date of application for site plan approval and shall be advertised in the official newspaper of the Town at least five days before the public hearing. The applicant shall provide evidence at the hearing that all landowners within a five-hundred-foot radius of the proposed project were notified by mail not less than 10 days before the public hearing.
§ 95-53 Reimbursable expenses.
No building permit or zoning permit shall be issued pursuant to the provisions of this Article until all expenses incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a site plan are reimbursed by the applicant to the Town.
§ 95-54 Coordination of related project reviews.
Whenever the circumstances of proposed development require compliance with this Article and with any other local law, ordinance or requirement of the Town, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this Article with the procedural and submission requirements for such other compliance.
§ 95-55 Waiver of requirements; additional restrictions.
A.
Waivers. Where the Planning Board finds that extraordinary and unnecessary hardship may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured. Such waiver shall not have the effect of nullifying the intent and purpose of the Community Comprehensive Master Plan or any of the other requirements of this chapter, and such waiver shall be granted only in the event that any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan. At the time of such waiver, the Planning Board shall make findings, to be recorded in the official minutes of the Board, outlining the reasons for such a waiver.
B.
Conditions and restrictions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.
§ 95-56 Performance guaranty.
No certificate of occupancy 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. The sufficiency of such performance guaranty shall be determined by the Town Board, after consultation with the Zoning Enforcement Officer, attorney for the Town, engineer for the Town or other appropriate parties.
§ 95-57 Inspection of improvements and development.
The Zoning Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the engineer for the Town and other officials and agencies, as appropriate.
§ 95-58 Expiration of approval.
[Amended 3-10-2003 by L.L. No. 1-2003]
Site plan approval shall automatically terminate one year after the same is granted unless a building permit has been issued and there is physical evidence that the project is in progress. The one-year time period shall start once all conditions imposed by the Planning Board have been met, and a copy of the plan has been filed with the Town Clerk in accordance with § 95-51A(1) or (2). If a copy of the plan, endorsed with the approval of the Planning Board, has not been filed with the Town Clerk within 182 days of the date of the Planning Board meeting at which final approval, with or without modifications, was granted, such approval shall expire; provided, however, that the Planning Board may, in its discretion and for good cause shown, extend the time for filing of the endorsed plan for not to exceed two additional periods of 91 days each.